New FMLA ruling permits child-care leave for same-sex domestic partners

On Tuesday, June 22, the Department of Labor (DOL) issued a new interpretation of the Family and Medical Leave Act (FMLA) clarifying that employees are entitled to FMLA leave to care for the child of a same-sex partner (for the child's serious health condition, or to bond with a newborn or newly adopted child). The announcement is not a revision to the FMLA, but a new interpretation of the existing law which has always recognized rights of employees acting "in loco parentis" to a child. In short, an employee may now claim "in loco parentis" status if he/she "intends to assume the responsibilities of a parent with regard to a child" and provides "either day-to-day care or financial support for the child."

For the first time, the DOL has stated that this includes children of a same-sex partner even where there is no biological or legal relationship.

Because of this ruling, as many as 100,000 children in 50,000 families will now have access to a second parent’s time for dedicated care. (GLTNewsNow.com) As the online article states: “The ruling provides important support for legally vulnerable families at particularly stressful times for families.”

There is no word yet if this new interpretation will impact the mandatory FMLA labor law poster or related HR forms, but we will continue to monitor the situation closely. At this point, it looks like the poster or forms will not be updated because "in loco parentis" has always been included - it's just the underlying definition of that term that has changed. In the meantime, however, you can count on G.Neil to provide expert guidance on the new interpretation, and what it means for your workforce.

New FMLA ruling permits child-care leave for same-sex domestic partners

FMLA changes: Survey shows employers lack communication

Less than one third of employers have discussed the recent changes to the Family and Medical Leave Act (FMLA) with their employees, according to a survey by Compensation.BLR.com and HR.BLR.com.

Survey respondents revealed that:

• 40% had not communicated the FMLA changes to employees.
• 32% said while they haven’t communicated the changes yet, they plan to do so.
• 28% said they had already communicated the recent changes to the FMLA to employees.

The U.S. Department of Labor (DOL) published the new FMLA rules on November 17, 2008 and they became effective on January 16, 2009. The changes to the FMLA regulations introduced a slew of changes that employers and employees need to be aware of.

Many of the changes were designed to improve communication between employers and employees. The new FMLA ruling includes clarifications and new requirements on how and what employers must communicate to employees. It also includes clarifications and new requirements on when and how employees notify their employer on their need for FMLA leave.

The final rule includes benefits for some military families that give special job-protected leave rights to family members of injured service men and women, and also helps families of members of the National Guard and Reserves manage their affairs when the service member is called to active duty.

For a more detailed breakdown of the changes to the FMLA, read this earlier post: FMLA regulations, what employers need to know.

To avoid the most common mistakes when interpreting the new FMLA rules, take a look at the ComplyRight Now E-Guide: New 2009 FMLA Regulations - What Employers Need to Know. This downloadable guide provides a complete overview of the new rules and employers’ responsibilities under the FMLA.

FMLA changes: Survey shows employers lack communication

DOL releases updated FMLA poster

On December 18, 2008, the U.S. Department of Labor (DOL) issued a new Family and Medical Leave Act (FMLA) poster based on revisions published in November 2008. Employers with 50 or more employees, and all public sector employers, are required to update their mandatory employee and applicant labor law postings with the new FMLA poster.

The new FMLA poster outlines how the expanded FMLA provides job-protected leave for the spouses, children or parents of members of the armed forces called to active duty in the U.S. military. Additional FMLA rights for employers and workers are clarified on the new poster, too.

Along with the FMLA poster, employers must post all other mandatory federal and state labor law posters, a burden that entails monitoring up to 20 different posters from as many as seven different agencies. And with the incoming Democratic administration expected to serve a more regulatory function with labor issues and workers’ rights, the level of labor law posting enforcement is expected to increase.

That’s why many employers are turning to third-party poster providers to maintain their posting compliance.

Poster Guard Compliance Protection, guaranteed by G.Neil, offers employers the easiest way to keep up to date with all federal and state posters. In addition to a poster set containing all required postings, employers automatically receive a new poster any time a federal or state posting regulation changes. Poster Guard Compliance Protection also offers a 100% Compliance Guarantee against fines, online auditing tools and dedicated customer support.

DOL releases updated FMLA poster

How the new FMLA regulations affect you, free webinar

Last month, the Department of Labor released the final regulations under the Family and Medical Leave Act (FMLA) that go into effect on January 16, 2009.

This ruling marks the first set of revisions to the FMLA regulations since its enactment in 1993. As a result of the changes, new forms and posters will be required for employers subject to FMLA guidelines.

Next week, ComplyRight will be hosting a free webinar to inform you on exactly what you need to know to fully comply with the new FMLA regulations before they take effect in January.

This free webinar is packed with the latest information to keep your business in full compliance. You will learn:

• The impact the new regulations have on your business, what changed and how to comply
• Your rights as an employer under the FMLA, including methods to handle FMLA abuse
• Specific key requirements of the law
• How to modify your policies, notices and employee postings
• New rules for handling common FMLA issues, including intermittent leave, chronic conditions, light duty, supervisor access to medical information and leave for military families.

Sign up today to attend The New FMLA Regulations: What You Need to Know, presented by Wendy J. Smith, Esquire, Fisher & Phillips LLP, on Thursday, December 11, 2008 from 2 p.m. to 3 p.m. EST. Visit the registration page for more information.


Related information:


New FMLA regulations, what employers need to know

Family and Medical Leave Act Changes Q & A

How the new FMLA regulations affect you, free webinar