by Jennifer Burrus

Regulation changes for the Family and Medical Leave Act (FMLA) came into effect on January 16, 2009, leaving many businesses, with 50 or more employees, confused. Our goal is to help clarify how these changes impact you as well as how to effectively relay the new information to your employees.

Here are the major changes that you need to be made aware of:

• FMLA Forms - The Department of Labor (DOL) released new versions of FMLA forms.
• Changes in Notice Requirements - Employers can now deny FMLA leave if the employee fails to follow the normal absence reporting procedures when taking leave (absent unusual circumstances).
• Performance Awards - Employees may now have to forfeit “perfect attendance” awards, bonuses or other recognition if they fail to meet their goals because of an FMLA leave.
• Employee Health Care Provider Contact - The employer is now permitted to directly contact an employee’s health care provider (HCP) for verification or clarification purposes. This does not involve obtaining any additional medical information; rather, to verify a claim or understand the meaning of a response. The employer may contact the HCP using a health care professional, HR professional, leave administrator or management official. The employee’s direct supervisor is not permitted to contact the HCP.
• New Leave Reasons/Entitlements - Employees can now take up to 12 weeks of leave in the case of a qualifying exigency when an employee’s family member is called to active duty. Employees can also take up to 26 weeks of leave as part of the military caregiver leave entitlement to care for an injured service member.

So how do you handle all of these changes with your employees? The DOL has recommended specific ways in which employees need to be notified so that employers are not held accountable for any misinformation.

Below are the top steps employers can take to become compliant with the new regulations:

• Post the FMLA poster in a conspicuous place, in addition to distributing a general notice to all employees in writing.
• Update the FMLA policy in employee handbooks.
• Distribute the new policy to every employee who applies for leave going forward.
• Utilize all new FMLA forms that have been provided by the DOL.

When helping our clients with the new regulations, we always recommend attending a seminar or other educational course to get more in-depth information on the regulation changes. It's extremely important for businesses to adhere to these regulations, as well as educate their employees on their rights under the new regulations.