Updating fmla policy
The Department of Labor (DOL) has issued a new “General Notice” FMLA poster that must now be posted in the workplace. Stafford Rosenbaum lawyers author unique blogs on a diverse range of topics including franchise & distribution law, employment and labor law, municipal, and trust and estates law.It should also be included in any employee handbook as a standalone document or as an attachment to the employer’s FMLA policy. The new regulations also implement the 2009 FMLA amendments providing for military family leave. These publications are intended for general information purposes for the community and highlights recent changes and developments in the legal area.The provisions of Section 3 restricted the definition of marriage and spouse to heterosexual marriages for all federal laws, and, because of that definition, legally married same-sex couples were not entitled to federal benefits or rights.The FMLA, which in part requires that covered employers allow their employees up to 12 weeks of unpaid leave to care for a spouse with a serious health condition, formerly limited the term “spouse” to members of the opposite sex.FML may also be taken intermittently or on a reduced schedule for a qualifying exigency arising out of a military member’s covered active duty or call to covered active duty, even if the leave is not medically necessary.There is no minimum number of hours that may be taken at one time when an employee takes leave intermittently or on a reduced schedule (i.e., the leave may be taken in increments of 2 hours, 4 hours, etc.).
It is time to take the next step toward a truly family friendly America. Celebrating more than 20 years of job-protected leave — and working to help even more families.Drafted by the National Partnership and signed by President Clinton in 1993, the FMLA is the nation’s first and only national law designed to help Americans meet the dual demands of work and family. America's workers have used the FMLA at least 200 million times to take time off when they need it most, without having to worry about losing their jobs or their health insurance.Our practice includes a wide range of specialized focus areas that span the spectrum of labor and employment representations—including practice before state and federal administrative agencies, practice in both state and federal courts, representation in all traditional labor issues, providing counsel regarding day-to-day employee issues, organizing and conducting workplace investigations, as well as assistance for the labor and employment issues involved in mergers and acquisitions and restructuring deals.The University of Texas Health Science Center at Houston (“university”) provides leave under the Family and Medical Leave Act ("FMLA") for eligible employees. Eligibility: Employees are eligible if they have worked for the State of Texas at least 12 months and have worked at least 1,250 hours for the State of Texas during the 12-month period immediately preceding the leave.
In light of the Court’s decision, employers need to review and update their FMLA policies relative to spousal leave provisions.