FMLA – New Changes that Need to be in Effect

Updated: October 29, 2009

For the first time in 15 years, changes have been made to the Family and Medical Leave Act of 1993. The Department of Labor has issued a 200-plus page document with extensive FMLA changes. Some of the main points include:

  • Changing requirements for employers in a Professional Employer Organization relationship
  • Allowing family members of wounded military personnel to take up to six months of unpaid leave in a 12-month period to care for their relatives during the recovery process
  • Letting families of National Guard members and the reserves use up to 12 weeks of "qualifying exigency leave" to manage the members' affairs while they are on active duty
  • Expanding the notice requirements for employers and employees

How does this affect your company?

One of the changes that will affect many of our clients is that employers in a coemployment relationship such as a Professional Employer Organization are not necessarily covered due to the PEO relationship. An employer covered by FMLA is any person or entity engaged in commerce or in any industry or activity affecting commerce that employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.

What do you need to do?

If an employee requests leave or has been absent due to an ongoing medical condition, contact your Professional Employer Organization representative immediately. They can determine whether or not you are a covered employer and if the employee is eligible for FMLA. Then we will take the appropriate steps to notify them as such.

What Should the Professional Employer Organization do for the Client Company?

The PEO should take steps to learn more about these regulations to ensure compliance for their clients covered by FMLA. They are responsible to notify any employees who miss work due to a qualifying reason in accordance with these final rules. We will also send copies of any FMLA correspondence to you in order to keep you "in the loop" regarding your employees' absence.

The Professional Employer Organization should handle all compliance aspects for our clients who are covered under FMLA. On January 16, the DOL published a new required posting for FMLA guidelines which covered employers must display. Clients who have had 50 or more employees in the past 6 months will be receiving these updates in the mail soon.

For non-covered employers, your current Federal all-in-one poster and 8.5"x11" USERRA and Notice of Family Military Leave posters communicate information regarding FMLA and MFLA to your employees. If you do not currently have these posters, please call the Astra HR Human Resources team at 800-776-0076.

Featured Research
  • 2017 Business Intelligence Trends

    It's long been thought that business intelligence (BI) could only be utilized by highly trained analysts and was therefore unattainable for most businesses. However, advancements in BI have made it so that everyone can utilize BI solutions to help shape business decisions and drive companies bottom lines. more

  • Your Phone System and Your Bottom Line

    Businesses have been using phones to drive increases to their bottom lines for almost a century now. Telephony, much like the rest of the business world, has seen drastic changes with the increase in technological advancement. Voice Over Internet Protocol (VoIP), has enabled companies to connect with consumers at levels that have been seen as unheard of before. And trust us when we say this, it is doing wonders for the bottom line. more

  • How to Scale a Contact Center in 2017

    Are you on the fence about scaling your contact center and not sure how or whether or not now is the time? Studies have shown that 93% of executives expect that contact volume will remain constant or increase within the next two years. This means that now more than ever is the time to begin scaling and we are here to help. more

  • Making the Case for a New CRM

    Did you know that having an outdated CRM is just as bad as not having one at all? Do you find yourself working even just a little too hard to make your current CRM work to maintain your contacts and relationships? While it is increasingly more difficult to reduce customer churn, modern CRM tools are much more powerful and provide much more opportunity to develop stronger relationships with your clients that can provide more stability and revenue to your company and bottom line. more

  • 2017 Phone Systems Checklist

    As you are well aware, we are living in an age of extreme technological growth. With this, an understatement might be that phone systems have changed a bit over the last decade. If you are in the market for a new phone system, it is absolutely essential for you to have knowledge of this vast sector and just what exactly you need in order to have your business succeed. more