DOL Proposes New Rules Expanding FMLA Protections

The DOL has announced that its Wage and Hour Division intends to publish a Notice of Proposed Rulemaking (NRPM) to implement new regulations interpreting the Family Medical Leave Act. 

The DOL’s proposed changes intend to expand leave rights under its military family leave provisions, as well as incorporate a special eligibility provision for airline flight crew employees based on the unique scheduling requirements of the airline industry.  The DOL has announced that the major provisions of this most recent NRPM include:

• Extension of military caregiver leave to eligible family members of recent veterans whose serious illness or injury or aggravation of a prior injury was incurred in the line of duty;
•  A separate “flexible” three-part definition for a veteran’s qualifying serious injury or illness;
• Extension of the qualified exigency leave provisions to eligible employees with covered family members serving in the Regular Armed Forces;
• Inclusions of a foreign deployment requirement for qualifying exigency leave for all service members (National Guard, Reserves, and Regular Armed Forces);
• The addition of specific provisions for calculating the amount of FMLA leave used by airline flight crew members, as well as a special hours of service eligibility requirement for  such crew members.

The NRPM has yet to be published, but when it does, it will delineate the dates during which public comments will be accepted.  Employers are advised to watch the DOL website to insure you have an opportunity to comments on these proposed changes to the FMLA, and as always, don’t hesitate to contact us with any questions. 

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