After two years the Department of Labor has just released its final regulatory updates to the Family Leave Act. These new regulations we be effective on January 16, 2009.

While attorneys and other “interested” observers are pouring over the 201 page document published in the Federal Registry, it doesn’t appear, at first glance, to have any significant surprises or differences  from the proposed rules.

New guidance and “clarification” includes those involving the two new forms of FMLA leave…military caregiver and active duty leave, modifications regarding employer and employee notice requirements, and changes regarding medical certifications.

New guidance has also been added to implement the Supreme Court’s decision in Ragsdale v. Wolverine Worldwide (i.e., regarding penalties where employers fail to give proper notice), light duty, perfect attendance, and waiver of rights in settling FMLA claims. More details on these changes can be found at the Department of Labor website  www.dol.gov.

They will require changes in your FMLA policy.  As important as these new regulations are they may be overshadowed by what could happen in the next Congress.  With Democrats controlling the White House and Congress, look for more proposals to make substantive FMLA changes in the future. This will probably include lowering the coverage threshold from 50 to 25 employees and allowing workers to take leave for elder care, school-parental leave and domestic violence situations.  You will probably also see the new Administration support efforts to make FMLA leave paid, rather than unpaid.  Finally, efforts to require most businesses to provide employees with a certain amount of paid sick leave will also gain momentum.