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Monday, 04 March 2013 16:00

Some Changes to the Federal FMLA Go Into Effect this Week

The federal FMLA reached its 20-year anniversary on February 5, 2013. The U.S. Department of Labor marked the 20th anniversary by issuing a final rule implementing two important expansions of FMLA protections that go into effect this week.

The first expansion provides families of eligible veterans with the same job-protected FMLA leave currently available to families of military service members and it also enables more military families to take leave for activities that arise when a service member is deployed. Three new forms were issued:


  1.  Certification of Qualifying Exigency For Military Family Leave

  2.  Certification for Serious Injury or Illness of Current Servicemember - for Military Family Leave

  3.  Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave


The second expansion modifies existing rules so that airline personnel and flight crews are better able to make use of the FMLA’s protections.


A side-by-side comparison of the current and final regulations can be found at


Additionally, all covered employers are required to display and keep displayed a poster prepared by the U.S. Department of Labor summarizing the major provisions of the FMLA and telling employees how to file a complaint. The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. The new poster must be displayed on and after March 8, 2013.


If you have any questions about this Employment Law Alert or any other employment or labor law question, please do not hesitate to contact Attorney Peter Culp or another employment attorney with Dempsey Law Firm, LLP.

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