New FMLA Requirements Effective January 16, 2009
01/12/09
The FMLA applies to private sector employers who employ fifty (50) or more employees each working day during at least twenty (20) calendar weeks in the current or preceding calendar year and all educational institutions regardless of number of employees.
The United States Department of Labor (“DOL”) recently issued new regulations addressing, among other things, employer notice requirements, medical certification process, military-related family leave, definitions of “serious health conditions,” and limited circumstances under which an employer may directly contact an employee’s health care provider. Significant revisions include:
1. New FMLA Poster: The new FMLA poster (WH-1420) must be posted in a prominent location at each worksite. A pdf version may be downloaded from the DOL website at www.dol.gov/esa/whd/fmla/finalrule.htm.
2. New Notice: A new general notice must be provided to each employee by either (a) distributing a copy of the new FMLA poster (WH-1420) or (b) revising the FMLA policy in the employee handbook to include the information in the WH-1420.
3. New forms: The Employer Response to Request for Leave (WH-380) and Certification of Health Care Provider (WH-380) are replaced with the following forms:
a. Notice of Eligibility and Rights and Responsibilities (WH-381);
b. Designation Notice (WH-382);
c. Certification of Health Care Provider for Employee’s Serious Health Condition (WH-380E);
d. Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380F);
e. Certification of Qualifying Exigency for Military Family Leave (WH-384); and
f. Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (WH-385).
PDF versions of these forms can be downloaded from the DOL website at www.dol.gov/esa/whd/fmla/finalrule.htm.
4. Job descriptions: An employer requiring a return-to-work or “fitness-for-duty” certification prior to return to work must (a) advise the employee of this requirement when the employer designates the leave as FMLA leave in the new WH-382 Designation Notice, and (b) attach an updated list of essential job duties to the Designation Notice.
5. The new regulations can be found at www.dol.gov/esa/whd/fmla/finalrule.htm.
This is intended for general informational purposes only. If you would like more information, a new handbook policy or specific guidance when responding to a particular leave request, feel free to contact any member of the Swanson Midgley Human Resources Practice Group.
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