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New FMLA Rules
Benefits & Compensation
New FMLA Rules
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
I also posted this in the legal forum
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New DOL regulations that came out today on FMLA. Here are a few of the changes that appear to be significant.
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Forums » Topic Forums » Benefits & Compensation » New FMLA Rules
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New FMLA Rules
posted at 11/17/2008 9:37 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
I also posted this in the legal forum
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx New DOL regulations that came out today on FMLA. Here are a few of the changes that appear to be significant. Waiver of Rights: The department has finalized its longstanding position that employees may voluntarily settle their FMLA claims without court or departmental approval. However, prospective waivers of FMLA rights will continue to be prohibited. Light Duty: At least two courts have held that an employee uses up his or her 12-week FMLA leave while on a "light duty" assignment. Under the final rule, time spent in "light duty" work does not count against an employee's FMLA leave entitlement, and the employee's right to job restoration is held in abeyance during the light duty period. If an employee is voluntarily doing light duty work, he or she is not on FMLA leave. Perfect Attendance Awards: The final rule changes how perfect attendance awards are treated to allow employers to deny a "perfect attendance" award to an employee who does not have perfect attendance because he or she took FMLA leave — but only if the employer treats employees taking non-FMLA leave in an identical way. Employee Notice: The final rule modifies the current provision that had been interpreted to allow some employees to notify their employers of their need for FMLA leave up to two full business days after an absence, even if they could provide notice sooner. Under the final rule, the employee must follow the employer's normal and customary call-in procedures, unless there are unusual circumstances |
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