Most of the new regulations relate to rarely used FMLA provisions, but there is also a poster that now must be hung in the workplace.
The new poster, which identifies a number of changes in the FMLA rules, is available here. This new poster can replace the poster that you currently have up.
Some of the significant changes to the regulations are:
- Military caregiver leave now includes covered veterans. The definition of “covered service member” has been expanded to include covered veterans who are undergoing medical treatment, recuperation, or therapy for a serious injury or illness. A covered veteran is defined as an individual who was discharged or released under conditions other than dishonorable at any time during the five years prior to the first date the eligible employee takes FMLA leave to care for a covered veteran. As a result, military caregiver leave can be taken up to five years after the service member leaves the military.
- Eligibility for FMLA leave and USERRA. The new regulations clarify the Department of Labor’s stance that any period of absence due to or necessitated by USERRA-Covered Military Service must be counted in determining an employee’s eligibility for FMLA leave.
- Medical certification. The final regulations now allow healthcare providers to complete medical certification for military caregiver leave. Previously, only healthcare providers with the Department of Defense, Department of Veterans Affairs, or with Tricare were authorized to provide medical certification for covered service members.
In light of these new regulations, employers covered by the FMLA should make hang the new FMLA poster and should review their FMLA policies to make sure r their policies are up to date.