Here's the Skinny on the Proposed “Military” FMLA Regs

Constangy, Brooks, Smith & Prophete, LLP
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As we recently reported, the Wage and Hour Division of the U.S. Department of Labor issued a Notice of Proposed Rulemaking to address the most recent “military leave” amendments to the Family and Medical Leave Act and some other amendments applicable to airline flight crews. The proposed rule also makes some changes to the “regular” provisions in the last set of regulations, which took effect January 16, 2009, under the administration of President George W. Bush.

Although that last part may scare some employers, with a few exceptions it appears that the DOL is not making radical changes to the 2009 rule, apart from those that are required by these new statutes that were enacted in the meantime.

For ease of reading, this bulletin will address the changes in “FAQ” format. The examples are my own. Items that I consider “comment-worthy” are designated as such.

Please see full bulletin below for more information.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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