Ellen McLaughlin Quoted in Managing Benefits Plans
“New FMLA Regs Change Definitions & Eligibility Rules”

Ellen McLaughlin was quoted in the May 2009 Managing Benefits Plans article, “New FMLA Regs Change Definitions & Eligibility Rules.” The article discussed the new Family and Medical Leave Act (FMLA) regulations, which took effect at the beginning of this year. Per the article, the law amended the FMLA to add two types of leaves: military caregiver leave and qualifying exigency leave. Ellen noted the military caregiver provisions do not apply to service members who wish to take leaves to care for themselves. She also discussed qualifying exigency leaves, which applies when an employee’s spouse, child, or parent unexpectedly has been called to active duty. She further noted that there is a “very clear definition” of what qualifies as an exigency leave, which includes short-notice deployment of seven days or less, rearrangement of child care and school activities, and financial and legal obligations.

Ellen explained that the common thread throughout the new regulations is that generally employees taking FMLA leave must follow their employers’ leave policies, including when substituting paid leave for unpaid FMLA leave. She also noted that FMLA policies need to be posted at work sites visible for the employees to see and need to be included or referenced in an employer’s handbook.

Ellen called the changes a “win-win” situation for employers and employees because employers now can require employees taking FMLA leave to notify a particular individual within the organization. Before, she said, employees contacted managers who were not necessarily well versed in the intricacies of the FMLA. By requiring employees to contact someone who does know the law and regulations, she said, it is more likely that leave will not be unreasonably denied.