As an employer, you face the burden of managing the strict requirements of federal and state family leave laws. Remaining in compliance requires diligence by everyone in the organization—from corporate HR departments to frontline managers.
Compliance is more than FMLA job protection. It includes accuracy in:
Calculation of both federal and state eligibility
Tracking of both federal and state entitlements for participating states
Timely and comprehensive notification requirements
Consistent application of the leave policy across the entire employee population
Administration of other types of leaves including military duty, jury duty,bereavement, parental, personal, and others
June 2010—Important Updated Employer FMLA Information
DOL Clarifies Definition of "Son or Daughter" On June 22, 2010, the U.S. Department of Labor (DOL) issued an "Administrative Interpretation Letter" clarifying the definition of "son or daughter" under the FMLA to ensure that an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship.
Click here to read or download a one-page FAQ about the DOL action.
Family and Medical Leave Act (FMLA) The Family and Medical Leave Act (FMLA), passed in 1993 and gave eligible employees unpaid time off for family or medical reasons. FMLA provides a means for eligible employees to balance their work and family responsibilities with the assurance that when they return, they will have a job with comparable pay and benefits. The Act is intended to promote the stability and economic security of families, as well as the nation’s interest in preserving the integrity of families.
FMLA Final Rule On January 16, 2009, the first comprehensive overhaul of the U.S. Department of Labor’s Family and Medical Leave Act will take effect. Responding to two years of comments, the final rule incorporates hundreds of changes, clarifications, modifications, and updates—some of which may be challenging to employers and confusing to employees.
New Jersey Paid Family Leave (PFL) Law
On January 1, 2009, New Jersey employees began contributing to a fund that entitles eligible employees to take up to six weeks of paid leave in a 12-month period for bonding after the birth or adoption of a child, or to care for a seriously ill relative.
The Department of Labor estimates that approximately 38,000 individuals, or one percent of New Jersey's workforce, will collect these benefits annually.
Resources
2010 NDAA Amends FMLA On October 28, 2009, President Barack Obama signed the FY 2010 National Defense Authorization Act (NDAA) containing important changes to the FMLA. Liberty Mutual Group Benefits has prepared a brief description of these changes which may be downloaded by clicking here, or clicking on the page image at left.
Liberty Mutual Leave Services Click here for a description of the array of services available to employers and employees through Liberty Mutual Leave Services.
FMLA Final Rule Employer FAQ Click here
to learn more about the FMLA Final Rule.
New JerseyPaid Family Leave Click here to read an Employer FAQ on New Jersey’s Paid Family Leave program.
The New Jersey Department of Workforce Development has produced a brochure on Paid Family Leave.
Additional Tools and Links Liberty Mutual Group Benefits has produced a Webinar on New Jersey’s Paid Family Leave Act.
Visit the U.S. Department of Labor Wage and Hour Division information page on the FMLA Final Rule here.
Visit the State of New Jersey Department of Labor and Workforce Development information page on New Jersey Paid Family Leave.
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