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LCOJ Workshop on New FMLA Regulations |
In a final "gift" for this 2008 Christmas season, the U.S. Department of Labor has issued comprehensive revisions of the federal Family and Medical Leave Act regulations. The new rules completely overhaul FMLA definitions, procedures, forms, policies and posters, which are required of every employer with over 50 employees and every government employer. The regulations also include the first provisions implementing the new FMLA amendments on Military Caregiver and Qualifying Exigency Leave.
These new regulations become effective in January of 2009 and will require all affected companies to substantially modify their existing FMLA forms, posters, policies and practices. The new regulations do not amend the existing Wisconsin FMLA provisions, but, instead, create an even wider gap between the federal and state law requirements. This disparity will create even greater challenges for Wisconsin employers who must understand and comply with both state and federal FMLA provisions, and ensure that their policies and forms reflect dual compliance. The failure to properly comply with the often conflicting state and federal provisions can expose an employer to a claim of "interference" with an employee's FMLA rights.
Other highlights of the revised regulations include:
- New notice provisions and new deadlines for issuing notices to employees
- New definitions of "Serious Health Condition"
- New procedures for securing and reviewing Medical Certifications
- New procedures for returning to work after FMLA leave
- New provisions regarding compensation, incentive programs and benefits during FMLA leave
- Coordination with the new amendments to the Americans With Disabilities Act (which also become effective in January of 2009)
- New definitions of the "12 month periods" for FMLA use (which can result in 2 or 3 separate 12 month periods administered simultaneously for different FMLA regulations)
- Description of the "Qualifying Exigencies" available to employees when a family member is called to military service
- New rules providing up to 26 weeks of leave to care for a family member wounded in combat
- New rules regarding the substitution of paid leave during FMLA periods
- New prototype forms (federal FMLA provisions only - Wisconsin employers must customize their own forms to comply with Wisconsin FMLA provisions)
Implementing the new rules, policies and forms should be a top priority for all affected employers in 2009. In an effort to assist clients and friends of the firm with this project, Liebmann, Conway, Olejniczak & Jerry, S.C. will be conducting an all-day workshop on January 28, 2009. The workshop will run from 8:30 am to 4:30 pm at the Raddison Hotel and Conference Center, 2040 Airport Drive, Green Bay. Registration will begin at 8:00 am, and lunch will be provided to all participants.
Each participant will receive a disk with a sample revised state and federal FMLA policy, revised forms and revised checklists. Our Labor and Employment team attorneys will walk through the options within each policy and form to help you instantly customize the policy or form to your individual business. Although not required, participants in the workshop are encouraged to bring laptop computers and arrive early to set them up prior to the start of the workshop.
The cost of the workshop is $500 which covers the first 2 attendees per employer. (The cost of the third and each additional attendee will be $50.) The cost reflects a significant savings from individualized services to implement and train HR staff on the new regulations. If you would prefer individualized services, please contact a member of our firm for such services.
If you wish to register for the workshop, or require more information, please contact Annie Dart at annied@lcojlaw.com or 920-617-5512 on or before Friday, January 9, 2009.
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