On November 17, 2008, the Federal Department of Labor published its final rules implementing the first ever amendment to the federal Family Medical Leave Act (FMLA).  The amendment was signed into law in January 2008 by President Bush as part of the National Defense Authorization Act. 

FMLA was enacted on February 5, 1993.  The purpose of this legislation was to promote a means of balancing workplace demands with the needs of families, as well as facilitating the stability, integrity, and economic security of families in a way that does not disregard or jeopardize the legitimate interests of employers. 

Under FMLA, covered employers must grant eligible employees up to a total of 12 workweeks of unpaid leave during any 12 month period for any of the following reasons:

• birth and care of the employee’s newborn child;
• placement of a son or daughter with the employee for either adoption or foster care;
• if the employee needs to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• if the employee is unable to work because of a serious health condition and needs to take medical leave.

The final rules become effective on January 16, 2009.  The 2008 FMLA amendment provides new military leave entitlements to military service members and their families.  These final rules also provide further clarity of the new amendment and clarification of the original regulations provisions regarding workers’ and employers’ rights and responsibilities under the FMLA as issued by the Department of Labor.

 There are serious penalties for non-compliance with FMLA and its accompanying rules.  Any entity that is subject to FMLA must ensure that it properly complies with this law and its attendant rules.  Failure to do so could be very expensive.  This is a very technical law and in certain cases it can sometimes be difficult to determine if a company is even covered by FMLA.  Any company with employees should consult legal counsel at the earliest juncture possible to determine whether it is covered by FMLA and, if so, to ensure the company is properly complying with its legal obligations.