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Revisions to the Family and Medical Leave Act (FMLA)
On January 16, 2009, new government regulations went into effect pursuant to the Federal Family and Medical Leave Act (FMLA). The new regulations amend the FMLA to provide leave for a “military caregiver," defined as the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty. The amended FMLA also provides eligible employees with leave because of certain "qualifying exigencies" arising out of the fact that the employee’s spouse, son, daughter, or parent is on or called to active duty. For more information on the new government regulations, visit the U.S. Department of Labor (DOL) website.
The U.S. Department of Labor has developed forms for the various certifications and notifications required by employees and employers with respect to their rights and responsibilities under the FMLA. These include:
- A general notice of the provisions under FMLA (Spanish version)
- A notification form for employers to inform employees of their eligibility, rights and responsibilities under the FMLA
- Four different certification forms:
- A designation notice to inform an employee whether the leave has been approved, the leave duration, and other specifics of the leave.
The university has adapted these forms for use in administering the FMLA, the New Jersey Family Leave Act (NJFLA), and university medical leaves. Departments and employees should use these forms and discontinue use of any prior versions of letters or certifications.
Employees are encouraged to give notice to their supervisors when they have a possible qualifying event. Managers are strongly recommended to contact their HR Consultant for guidance on the implementation of the new forms and how these revisions affect particular leave situations.
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