“The impact of the final FMLA rule cannot be overstated. Employers will need to reconsider all of their leave policies and practices and make significant changes to avoid costly FMLA violations,” said Susan Schoenfeld, J.D., BLR legal editor and FMLA expert. “This will require employers to devote time and resources to understanding the new rules and changing their FMLA leave administration programs. The time employers have to actually make those changes is dangerously short – with only 60 days until the rule becomes effective on January 16.”
FMLA revisions affect the following areas of policy:
What the Revisions Mean for Employers
The Department of Labor says that many of the revisions were designed to clarify the requirements that the FMLA imposes on both employees and employers and to improve communication between the parties.
Schoenfeld states that “since it was first enacted in 1993, employers have really struggled to understand and implement the FMLA in the ‘real world.’ Unlike many other federal employment laws, employers never really reached a comfort level in understanding the FMLA. The new FMLA rule comes with new forms that may assist with recordkeeping; however, the FMLA rule also adds two new types of leave which place extra burden on employers.
“The bottom line,” added Schoenfeld, “is that employers will be significantly impacted by the FMLA changes, especially at first while they struggle to learn and understand the new FMLA requirements.”
In addition to a summary of the FMLA revisions, BLR has made a number of resources available for employers at the FMLA Information Center, including:
For more information regarding the FMLA revisions, please visit:
For media who would like to talk to FMLA subject-matter expert Susan Schoenfeld, JD, Legal Editor at BLR, please call 800-727-5257 X2442 or e-mail Media @ BLR.com.
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