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Felhaber, Larson, Fenlon & Vogt
Felhaber, Larson, Fenlon & VogtFelhaber, Larson, Fenlon & Vogt

January 20, 2009

Articles

Preparing for the New FMLA Regulations

The final Family and Medical Leave Act Regulations became effective on January 17, 2009. Following is a List of things you should be doing and a Quiz to test your knowledge.

LIST: Here is a short list of what you should be doing to ensure compliance with the new regulations:

  1. Replace your old poster with the new FMLA poster.

  2. Replace your old Notice Forms with the new notice forms or revise your notice forms so that they include the same information.

  3. Update your Handbook to include the new types of family member military leave.

    4. Click here to download FMLA Forms

  4. Begin to use new certification forms for Family Member Serious Health Condition, Employee Serious Health Condition, Qualifying Exigency Leave, Military Caregiver Leave.

  5. Review your leave and notification policies to ensure that they comply with the new requirements.

  6. Take advantage of some of the new options that employers have for clarifying medical certifications and for obtaining fitness for duty certifications.

QUIZ: Take this quiz to test your knowledge of the new Regulations.
Choose the best answer below:
1.

The new regulations changed the definition of serious health condition involving incapacity for more than three days and continuing treatment by a provider by:
  Requiring that the first visit to the provider occur within 7 days of the first day of incapacity and the second visit occur within 30 days of the first visit.
  Requiring that the first visit occur within 7 days of the first day of incapacity and the second visit occur within 30 days of the first day of incapacity.
  I will wait and figure it out when I need to.
2. Which of the following is an appropriate request for leave under the qualifying exigency leave for family members of the military?
  Husband of employee just enlisted and employee states that she will need 6 weeks of leave to care for the children since husband was the primary caretaker.
  Husband of employee was just called to active duty and she needs 7 days of leave to take care of financial matters such as getting wills.
  I haven’t had the time to read the new regulations.
3. The best way to prepare for the new FMLA regulations is to:
  Memorize the preamble and the new regulations (over 220 pages of material).
  Attend Felhaber, Larson, Fenlon and Vogt’s seminar on January 27.
  Don’t worry about the new regulations and wait until an employee brings a claim.

 

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