Accessing the Impact of Regulatory and Statutory Changes to the Family and Medical Leave Act

Abstract

In 2008, Congress amended the Family and Medical Leave Act (FLMA) by the enactment of the National Defense Authorization Act. Consequently, there are now two more qualifying reasons for protected leave under the FMLA with accompanying definitions and procedures relating to what is now informally referred to as “family member military leave.” Not only has the law expanded to include additional protected leaves of absence, but the DOL also revised its FMLA regulations in 2009 with a result of dramatically changing various aspects of administration of the law for both employers and employees. As a result of all these changes, employers are now operating in a significantly different legal and regulatory arena as it relates to the FMLA. This article highlights some of the more significant changes that will require thought and action on the part of employers as they consider how best to operate under this new statutory and regulatory landscape.