New Family Leave Regulations

New FMLA Regulations Expand Military Caregivers' Coverage

The Family and Medical Leave Act of 1993 ("FMLA"), which applies to employer groups with 50 or more employees and all public agencies, has an indirect impact on health insurers and group health plans.

In 2009, Congress enacted new legislation, HR2647, which became effective on October 28, 2009. It applies to all FMLA leave requests submitted on or after that date.
Specifically, HR2647 does the following:
· Expands the exigency leave entitlement to include family members of the regular Armed forces, who were not entitled to exigency leave under the prior law;
· Expands the military caregiver leave entitlement to include veterans, who were not covered under prior law; and
· Expands the military caregiver leave entitlement to include leave to care for a service member or veteran whose preexisting serious injury or illness was aggravated by active duty service.

More information on FMLA and HR4986 legislation is available online at http://www.dol.gov/whd/fmla/finalrule.htm. Employer groups requesting more compliance information on FMLA should be referred to their own legal counsel.