United States: Department Of Labor Amends Family And Medical Leave Act Regulations

On February 6, 2013, the U.S. Department of Labor ("DOL") issued a revised set of regulations interpreting the Family and Medical Leave Act ("FMLA"), the federal law granting eligible employees a right to take leaves of absence for certain family and medical reasons. After the DOL issued its last revisions to the FMLA regulations in 2008, Congress amended the FMLA to change the provisions relating to military family leave and to add provisions granting leave rights to airline flight crews who, because of the nature of their employment, often had not qualified for FMLA leave. The new revisions to the FMLA regulations are designed primarily to implement these statutory changes.

The Revised FMLA Regulations

The FMLA grants eligible employees the right to take up to 12 weeks of leave in a 12-month period because of "qualifying exigencies" relating to the military service of an employee's parent, child or spouse. Originally, this provision applied only to military service in the National Guard or a reserve unit of the armed forces, but a 2009 statutory amendment expanded this provision to cover service in the regular armed forces as well, while restricting its scope to military service involving deployment to a foreign country. The revised regulations incorporate these changes and define "deployment to a foreign country" to include deployment to international waters. The revised regulations also make certain changes to the list of qualifying exigencies for which leave may be taken. For example, they expand the amount of time available for leaves taken by an employee in connection with a service member's rest and recuperation leave from five days to 15 days and add a new type of qualifying exigency – care for the parent of a service member when the parent is incapable of self-care.

The FMLA also grants eligible employees the right to take up to 26 weeks of leave during a single 12-month period to care for a member of the armed forces with a service-related serious injury or illness. In 2009, Congress amended this provision to add leave rights to care for veterans undergoing treatment, recuperation or therapy for a serious injury or illness (as defined by the DOL) related to military service and to expand the concept of "serious injury or illness" to cover pre-existing conditions aggravated during active military duty as well as conditions originally incurred during active duty. The revised FMLA regulations incorporate these changes and define a veteran's serious injury or illness for the first time. The DOL takes the position that the statutory provision authorizing FMLA leave to care for a veteran with a serious injury or illness does not become effective until the March 8, 2013 effective date of the new regulatory revisions defining a veteran's serious injury or illness. Therefore, the DOL asserts that any leave an employer may have granted to an employee to care for a veteran with a service-related serious injury or illness between the enactment of the statutory amendments on October 28, 2009 and the March 8, 2013 effective date of the new regulations does not constitute FMLA leave and cannot be counted against an employee's leave entitlements under the FMLA.

The statutory provision authorizing leave to care for a veteran undergoing treatment, recuperation, or therapy for a serious injury or illness is limited to veterans who left the military no more than five years before the treatment, recuperation or therapy. The revised regulations specify that an eligible employee is entitled to take up to 26 weeks of FMLA leave to care for a veteran with a serious injury or illness as long as the veteran has not been released from the military for more than five years as of the first day of the leave. Moreover, the regulations provide that the period between the October 28, 2009 enactment of the FMLA amendments adding leave to care for a veteran and the March 8, 2013 effective date of the new regulations may not be counted in determining whether a veteran has reached the five-year limit.

The final regulations expand the list of health care providers who may provide a medical certification supporting a request for leave to care for a service member or veteran and permit employers to obtain a second and third medical opinion in certain circumstances in connection with a medical certification provided by a health care provider who is not affiliated with the Department of Defense, the Department of Veterans Affairs, or the TRICARE military medical services network. The DOL has also revised the medical certification form for service member care leave and has issued for the first time a medical certification form for leave to care for a veteran with a serious injury or illness. These forms, along with a newly revised certification form for qualifying exigency leave, can be found at http://www.dol.gov/whd/fmla/.

The revised regulations also implement the 2009 statutory amendments designed to make it easier for airline flight crews to qualify for FMLA leave. In addition to incorporating the statutory flight crew eligibility standards into the FMLA regulations, the DOL added a provision requiring airline employers to use an increment of no more than one day in accounting for a flight crew member's use of FMLA leave on an intermittent or reduced schedule basis. The revised regulations also include special recordkeeping requirements for employers of airline flight crews.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions