On February 6, 2013, the Department of Labor (DOL) issued final
regulations implementing statutory amendments to the FMLA. These
regulations incorporate the amendments Congress passed in 2010
relative to military family and airline industry employees. While
the new regulations, which become effective on March 8, 2013, may
require employers to update their written FMLA policies and forms,
the regulations will likely not affect employers' leave
administration procedures.
Qualifying Exigencies Expanded
As required by Congress, the final rule expands qualifying
exigency leave to cover not only family members who are members of
the National Guard and Reserves, but also family members who are in
the regular armed forces and are deployed to a foreign country. The
final regulations also make several notable changes to the types of
qualifying exigencies for which leave is available: