Proposed Changes to Family Medical Leave Act Could Benefit Employees

July 28, 2012

In 1993, Congress passed the Family Medical Leave Act in an effort to help people balance the demands of work and family. The law allows people to take time off from their jobs for certain life events without worrying whether they will lose their positions. In 2012, the United States Department of Labor Wage and Hour Division issued proposed amendments to the FMLA. Employees and employers should be aware of how the proposed amendments, if implemented, may impact them.

FMLA Protections

Pursuant to the FMLA, qualified employees can take up to 12 weeks of unpaid leave in a year (up to 26 weeks in a year for qualifying military exigencies) under the following circumstances:

- Birth and care of the employee's child, within one year of birth
- Placement with the employee of a child for adoption or foster case, within one year of the placement
- Care of an immediate family member (spouse, child, or parent) who has a serious health condition
- For the employee's own serious health condition that makes the employee unable to perform the essential functions of his or her job
- For certain qualifying exigencies arising out of the employee's spouse's, child's, or parent's "covered active duty" in the military

Employees retain their health insurance coverage as if they were working and are entitled to job protection during an FMLA leave. Also, leave can be used at one time or intermittently. Intermittent leave can be for a week, a day, or even an hour.

Proposed Amendments to the FMLA

The Department of Labor has proposed amendments that would affect FMLA benefits in a variety of ways. Some of the major changes contemplated are:

- An expansion of the military caregiver leave to cover veterans under certain circumstances (currently the law only covers family members of active service members).
- An expansion of the definition of "serious injury or illness" for military caregiver leave to include an injury or illness that existed prior to service and was exacerbated in the line of active duty.
- To establish a special "hours of service" eligibility standard for airline flight crew employees that would incorporate the definition found in the Airline Flight Crew Technical Corrections Act (AFCTCA). (The rule would remain based on "hours worked" for all other employees.)
- To change the manner in which employers calculate leave time to require the calculation to be based on the smallest time increments the employer uses in its payroll system. For example, if the employer tracks the time employees work in 15 minute increments, the employer would also have to track FMLA leave in 15 minute increments -- rather than days, half-days or hours.

The proposed amendments do not become effective until after the DOL issues a final rule after the comment period, which closed in April, 2012.

Consult a Lawyer

Whether an employee is entitled to FMLA leave and under what circumstances can be complicated. If you feel you have denied benefits to which you are entitled, talk to an experienced employment law attorney who can advocate for your rights.

Article provided by Swartz Law LLC
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