Dear Valued Customer,

In this issue of “—————————” we focus on providing family and medical leave.

The Family and Medical Leave Act entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Read on to learn just how much time you are entitled to take – and for what reasons you may leave. How the Affordable Care Act allows nursing mothers to feed their infants. Answers to a multitude of frequently asked questions, and more.

We appreciate your continued business and look forward to serving you.

Kind regards,

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

• Twelve workweeks of leave in a 12-month period for:
  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

• Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Key News

• The U.S. Department of Labor’s Wage and Hour Division today announced a Notice of Proposed Rulemaking (NPRM) to revise the definition of spouse under the Family and Medical Leave Act of 1993 (FMLA) in light of the United States Supreme Court’s decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. The NPRM proposes to amend the definition of spouse so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live. More information is available at the Wage and Hour Division’s FMLA NPRM Website (June 20, 2014).
• The U.S. Department of Labor’s Wage and Hour Division published a Final Rule to implement statutory amendments to the Family and Medical Leave Act of 1993 (FMLA). The final rule expands the military family leave provisions and incorporates a special eligibility provision for airline flight crew employees, as well as making some additional regulatory changes. More information is available at the Wage and Hour Division’s FMLA Final Rule Website (February 5, 2013).
• The Department of Labor released findings of a survey titled Family and Medical Leave Act in 2012: Final Report which shows that FMLA continues to make a positive impact on the lives of workers without imposing an undue burden upon employers and employers and employees alike find it relatively easy to comply with the law. More information is available on the Wage and Hour Division’s FMLA Survey Webpage. (February 4, 2013)
• WHD hosted a webinar that walked through the basic provisions of the FMLA using the new Employee Guide and answered the public’s general FMLA questions. View the archived webinar and frequently asked questions. (June 27, 2012).
• FMLA Press Releases

General Guidance

• Break Time for Nursing Mothers
• Special Rules for Returning Reservists under USERRA
• FMLA Frequently Asked Questions
• Military Frequently Asked Questions
• Questions and Answers concerning the use of FMLA leave to care for a son or daughter age 18 or older
• FMLA Employee Guide (Spanish)
• FMLA Mini Card (Spanish)
• FMLA Mini Card – Military (Spanish)
• FMLA Military Leave Employee Guide (Spanish)
• Family and Medical Leave Act (Microsoft PowerPoint)
• Field Operations Handbook: Chapter 39

Fact Sheets

• Fact Sheet # 28: The Family and Medical Leave Act of 1993 (PDF)
• Fact Sheet #28A: Employee Protections under the Family and Medical Leave Act (PDF)
• Fact Sheet # 28B: FMLA leave for birth, bonding, or to care for a child with a serious health condition on the basis of an “in loco parentis” relationship (PDF)
  • Spanish
  • Chinese
  • Korean
  • Tagalog
  • Thai
• Fact Sheet # 28C: FMLA leave to care for a parent with a serious health condition on the basis of an “in loco parentis” relationship (PDF)
  • Spanish
  • Chinese
  • Korean
  • Tagalog
  • Thai
  • Vietnamese
• Fact Sheet # 28D: Employer Notification Requirements under the Family and Medical Leave Act (FMLA) (PDF)
• Fact Sheet # 28E: Employee Notice Requirements under the Family and Medical Leave Act (PDF)
• Fact Sheet # 28F: Qualifying Reasons for Leave under the Family and Medical Leave Act (PDF)
• Fact Sheet # 28G: Certification of a Serious Health Condition under the Family and Medical Leave Act (PDF)
• Fact Sheet # 28H: 12-month period under the Family and Medical Leave Act (FMLA) (PDF)
• Fact Sheet # 28I: Calculation of Leave under the Family and Medical Leave Act (PDF)
• Fact Sheet # 28J: Special Rules for Airline Flight Crew Employees under the Family and Medical Leave Act (PDF)
• Fact Sheet # 28K: “Son or Daughter” 18 years of age or older under the Family and Medical Leave Act (PDF)
• Fact Sheet # 28M: The Military Family Leave Provisions under the Family and Medical Leave Act (PDF)
• Fact Sheet # 28M(a): Military Caregiver Leave for a Current Servicemember under the Family and Medical Leave Act (PDF)
• Fact Sheet # 28M(b): Military Caregiver Leave for a Veteran under the Family and Medical Leave Act (PDF)
• Fact Sheet # 28M(c): Qualifying Exigency Leave under the Family and Medical Leave Act (PDF)
• Fact Sheet # 44: Visits to Employers (PDF)
  • Spanish
• Fact Sheet # 77B: Protection for Individuals Under the Family and Medical Leave Act (PDF)

e-Tools

• elaws Employee/Employer Advisor
• Have a General Question?

Posters

• The Family and Medical Leave Act Poster
  • Spanish

Forms

• WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)
• WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
• WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
• WH-382 Designation Notice (PDF)
• WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)
• WH-385 Certification for Serious Injury or Illness of Covered Servicemember — for Military Family Leave (PDF)
• WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (PDF)

Interpretive Guidance

• Rulings & Interpretations: FMLA Opinion Letters and Administrator Interpretations

Applicable Laws, Regulations, Rules, and Histories

• Law
  • 29 U.S.C. 2601, et seq.
  • Amended Title I Law
• Regulations
  • 29 CFR Part 825
    • Subpart A (825.100 – 825.127)
    • Subpart B (825.200 – 825.220)
    • Subpart C (825.300 – 825.313)
    • Subpart D (825.400 – 825.404)
    • Subpart E (825.500)
    • Subpart F (825.600 – 825.604)
    • Subpart G (825.700 – 825.702)
    • Subpart H (825.800)
• Federal Register
  • Federal Register Notice Feb. 6, 2013 (PDF) (HTML)

Source: United States Department of Labor, “Family and Medical Leave Act” http://www.dol.gov website. Accessed November 28, 2015. http://www.dol.gov/whd/fmla/

© Copyright 2016. All rights reserved. This content is strictly for informational purposes and although experts have prepared it, the reader should not substitute this information for professional insurance advice. If you have any questions, please consult your insurance professional before acting on any information presented. Read more.

The Patient Protection and Affordable Care Act (“Affordable Care Act”) amended section 7 of the Fair Labor Standards Act (“FLSA”) to require employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has need to express the milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. The break time requirement became effective when the Affordable Care Act was signed into law on March 23, 2010. The Wage and Hour Fact Sheet #73 “Break Time for Nursing Mothers under the FLSA” and the Frequently Asked Questions (FAQs) posted below provide basic information about the law.

Key News

• Request for Information on Break Time for Nursing Mothers , Federal Register 75: 80073-80079, (2010, December 21): This notice is a request for information from the public regarding the recent amendment to the FLSA that requires employers to provide reasonable break time and a place for nursing mothers to express breast milk for one year after the child’s birth. The Department seeks information and comments for its review as it considers how best to help employers and employees understand the requirements of the law.
  • Questions and Answers about the Request for Information
• Presidential Memorandum for the Director of the Office of Personnel Management
  • OPM Guidance on Nursing Mothers in the Federal Workforce

General Guidance

• WHD Fact Sheet #73, Break Time for Nursing Mothers under the FLSA (Spanish Version)
• Break Time for Nursing Mothers FAQs
• Break Time for Nursing Mothers under the FLSA (Microsoft® PowerPoint®)
• Break Time for Nursing Mothers Employee Rights Card
• FLSA Handy Reference Guide
• How to File a Complaint

Applicable Laws

• FLSA § 7(r) (as amended by the Affordable Care Act, P.L. 111-148)
• State Breastfeeding Laws

Additional Resources

• The Business Case for Breastfeeding: Steps for Creating a Breastfeeding Friendly Worksite
• CDC Healthier Worksite Initiative, Workplace Lactation Support Program Toolkit
• EEOC Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities
• National Conference of State Legislatures Compilation of State Breastfeeding Laws
• U.S. Breastfeeding Committee, Workplace Support and Coalitions Directory
• International Lactation Consultants Association, Worksite Lactation Support Directory
• The Surgeon General’s Call to Action to Support Breastfeeding

Source: United States Department of Labor, “Break Time for Nursing Mothers” http://www.dol.gov website. Accessed November 28, 2015. http://www.dol.gov/whd/nursingmothers/

© Copyright 2016. All rights reserved. This content is strictly for informational purposes and although experts have prepared it, the reader should not substitute this information for professional insurance advice. If you have any questions, please consult your insurance professional before acting on any information presented. Read more.