Employer communication of FMLA changes lacking

02/13/09

As changes in labor law occur, it is important that organizations ensure employees understand the changes and what impact the change may have on their job. When employers fail to inform themselves and employees on the latest legislative changes they put everyone at risk.

Recent reports show that fewer than one third of employers have discussed the recent Family and Medical Leave Act (FMLA) changes with their employees.

?The survey by HR.BLR.com found that 40 percent of employers said they had not communicated the recent FMLA changes to employees. Just under one third of employers (32 percent) said they had not communicated the changes yet, but plan to do so.

Only 28 percent of respondents had communicated the FMLA changes to employees at the time the survey was conducted.

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

The new FMLA ruling includes clarifications and new requirements on how and what employers must communicate to employees. The rule includes clarifications and new requirements for when and how employees notify their employers on their need for FMLA leave.

The final FMLA changes include new benefits for some military families, giving special job-protected leave rights to family members of injured service men and women. It also helps families of the National Guard and Reserves manage their affairs when the service member is called to active duty.

Additionally, the new rule makes several changes to existing FMLA regulations, including new notice requirements (requiring a new FMLA poster), medical certifications, and the definition of “serious health condition” and “continuing treatment” was clarified.

For a more detailed breakdown of the FMLA changes, read our Family and Medical Leave Act Changes Q & A.

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.