New FMLA Regulations to take effect January 16, 2009

The Department of Labor has issued highly anticipated changes to the Family and Medical Leave Act (FMLA), marking the first major revisions to the 1993 law in 13 years. These rules take effect 60 days after the publication date in the Federal Register, which was released November 17, 2008. This means employers must abide by the new regulations as of January 16, 2009. Additionally, employers that are required to post FMLA policies in the workplace must have updated FMLA postings displayed by this date.

These new regulations have undergone numerous drafts throughout 2008, and most employers are currently displaying interim or outdated FMLA postings. To avoid costly fines for non-compliance, these interim postings should be changed to the final revised text before January 16, 2009.

Highlights of the FMLA changes:
• The regulations implement statutory amendments that allow family members of wounded military personnel to take up to six months of unpaid leave to care for them during their rehabilitation process.
• Improved communications between employees, employers, and health care providers to make the law operate more smoothly, and provide needed clarity for both workers and employers about their responsibilities and rights under the FMLA.
• Will not reduce the law’s coverage for workers who need FMLA leave and instead attempts to reduce uncertainty and provide greater predictability in the workplace.
• Clarifies definitions of “serious health condition”.
• Consolidates rules in one section including requirements for employers providing particular types of notice to employees and reconciles conflicts and time limits in the provisions.

Compliance Poster Company recommends that employers update their posters to reflect these changes as soon as possible, in preparation for the New Year. Ten states and two cities also have a minimum wage change occurring January 1, 2009, so employers affected by these changes should update their postings accordingly. If you are unsure about what changes apply to your business, we invite you to speak with one of our compliance advisors at 800-817-7678.

About Compliance Poster Company
Compliance Poster Company (CPC) is a privately held solution provider in the state and federal compliance industry. The innovator of such products as the All-On-One™ state and federal compliance poster, CPC maintains a full time research staff dedicated to being the first in the industry to get to market with legislative changes. Founded in 1989, CPC maintains an exemplary AAA rating with the Better Business Bureau and is headquartered in Monrovia, CA.

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Patricia Blum

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Compliance Poster Company

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