On November 17, 2008, the U.S. Department of Labor published its long-awaited final regulations interpreting the Family and Medical Leave Act. The new rules become effective in mere weeks – on January 16, 2009. Serving as the first substantial changes to the regulations since the FMLA became law 15 years ago, the new regulations will significantly impact the manner in which employers administer the FMLA. Although employers will be able to obtain more detailed and timely information from employees and their health care providers (and have access to additional weapons to combat FMLA leave abuse), employers also will take on a greater responsibility to notify employees of their rights under the Act. Indeed, the new rules create a much greater administrative burden on employers than ever before.
