Mirick O'Connell Header


Marc Terry    

Marc Terry 


 D. M. Moschos  

D. Moschos


Corey Higgins   

Corey Higgins 



Annual Labor, Employment and Employee Benefits Seminar 


March 27, 2013

7:30 a.m. - 12:30 p.m.


Doubletree Hotel, Westborough, MA





Join Our Mailing List 

March 7, 2013

On March 8, 2013, the United States Department of Labor's Final Regulations regarding the Family and Medical Leave Act will go into effect.


Unlike previous changes to the FMLA Regulations, these changes are not as wide ranging.  Of note, the Final Regulations expand the definition of a qualifying exigency arising from a military member's covered active duty or notice of or call to covered active duty to include caring for the military member's parent when the care is necessitated by the member's covered active duty.  The Final Regulations also increase the amount of time for leave related to the military member's rest and recuperation from 5 to 15 days.


The Final Regulations further define what constitutes a serious injury or illness for a current military member or covered veteran and amend the medical certification process for such injuries or illnesses.  They also clarify that all periods of absence from work due to USERRA-covered service, including both active duty and reserve service, must be counted as time worked for the purpose of determining an employee's eligibility for FMLA leave.


The Final Regulations also clarify that employers must comply with the confidentiality requirements of the Genetic Information Non-Discrimination Act (GINA). For more information regarding GINA, please see our 2011 Legal Update.


Employers should post the updated DOL Poster by this Friday.  Employers should also ensure that their FMLA policies accurately reflect the changes in the Final Regulations.  Also, for employers who use the DOL's forms, the DOL has updated its certification forms for qualifying exigenciesserious health injury or illness for a covered military member and serious injury or illness of a veteran for military caregiver leave. 


Please contact us if we can assist you in updating your FMLA Policy or with any of your other labor and employment needs. 


Labor, Employment & Employee Benefits Group

Mirick O'Connell

100 Front Street

Worcester, MA  01608

t 508.791.8500

f 508.791.8502


1800 West Park Drive, Suite 400

Westborough, MA  01581

t 508.898.1501

f 508.898.1502


Mirick O'Connell is a full-service law firm with offices in Worcester, Westborough and Boston, Massachusetts.  The Firm's principal practice groups include Business; Creditors' Rights, Bankruptcy and Reorganization; Elder Law; Family Law and Divorce; Intellectual Property; Labor, Employment and Employee Benefits; Land Use and Environmental Law; Litigation; Personal Injury; Public and Municipal Law; and Trusts and Estates.
This client alert is intended to inform you of developments in the law and to provide information of general interest.  It is not intended to constitute legal advice regarding a client's specific legal issues and should not be relied upon as such.  This client alert may be considered advertising under the rules of the Massachusetts Supreme Judicial Court.