FMLA Proposed Regulation and New Servicemember Leave Law
Why Attend?
The program will provide cutting-edge and practical advice for attorneys, human resource professionals and employees on working and practicing in a complex world. The series Planning Chairs/Moderators also provide a summary of recent employment law developments in the final 30 minutes, including any regulatory developments and groundbreaking opinions. As an interactive seminar, the program affords the opportunity to submit questions for faculty discussion in advance of and during the event.
Among the issues that will be addressed during this 2 hour program:
• What is a single 12-month period for leave to care for an injured servicemember?
• What does DOL mean by "next of kin"?
• What certifications can an employer require relating to the servicemember leaves?
• Can an employee take 12 weeks of leave for her own serious health conditon and then another 16 weeks of leave to care for an injured servicemember?
• Can an employee take exigency leave on an intermittment basis?
• How does the new amendment relate to state laws addressing family military leave?
• Light duty – will it count against an employee’s FMLA leave entitlement?
• In continuing treatment of a serious health condition, must the multiple treatments occur within 30 days of the start of incapacity?
• For treatment of a chronic serious health condition, must periodic visits to a health care provider be at least two visits per year?
• Are physician's assistants to be recognized as health care providers?
• Will the distinction between attendance bonuses and production bonuses be eliminated, and what effect will that have on perfect attendance bonuses?
• Must the employee adhere to the employer’s paid leave policies in seeking to substitute any form of accrued paid leave?
• Do unpaid FMLA leave and paid leave run concurrently?
• Can the employer have direct contact with employee’s health care provider to clarify the medical certification form?
• Will the medical certification form be amended to provide for a diagnosis from the health care provider?
• How would the proposals clarify the requirements for recertification?
• Will employees be required to follow the employer’s call-in procedures for reporting an absence?
What You Will Learn
The Family and Medical Leave Act ("FMLA") was amended earlier this year to provide for two new types of leaves. First, employers must grant 26 weeks of leave to care for an injured or ill servicemember when the servicemember is the employee's spouse, child or parent, or when the employee is the servicemember's next of kin in a single 12-month period. Second, employers must grant 12 weeks of exigency leave related to situations where a family member is on active duty or is notified of a call to active duty status, in support of a contingency operation. Although exigency leave is not effective until the Department of Labor ("DOL") issues regulations, the DOL is encouraging employers to offer exigency leave immediately.
In addition to the servicemember amendment, the DOL issued proposed regulations to the FMLA which will make significant changes in the way an employer administers the Act, clarify a number of areas that were unsettled based on current case law, allow employers direct access to the employee's healthcare provider, and give an employer the ability to receive much more information regarding an employee's serious health condition. Although these regulations are proposed, they provide insight as to DOL's position on many unsettled issues and, with some revisions following consideration of comments, will become final.
Our teleseminar will provide guidance on the new amendments and how the two new types of leave relating to servicemembers dovetail (or not) with other types of leave under the FMLA. There will also be a discussion regarding the proposed regulations, including anticipated changes to DOL leave forms, and what practitioners can learn about DOL's position on certain currently unsettled areas. We have gathered an experienced faculty to provide both legal and practical advice to practioners on these subjects.
Planning Chair
Robert B. Fitzpatrick, Robert B. Fitzpatrick, PLLC, Washington, D.C.
Frank C. Morris, Jr., Epstein, Becker & Green, P.C., Washington, D.C.
Faculty
Ellen E. McLaughlin, Seyfarth Shaw LLP, Chicago, IL
Total 60-minute hours of instruction: 2.0; Total 50-minute hours: 2.4
Suggested Prerequisite: Limited experience in legal practice in subject matter.
Educational Objective: Development of proficiency in performance of intricate and complex legal tasks within a narrow area; provision of information on recent legal developments; maintenance of professional competence as a practitioner.
Level of Instruction: Intermediate
Times
Eastern 11:30 am - 1:30 pm
Central 10:30 am – 12:30 pm
Mountain 9:30 am – 11:30 am
Pacific & Arizona 8:30 am – 10:30 am
Alaska 7:30 am – 9:30 am
Hawaii 5:30 am – 7:30 am
