FMLA Ruling

November 17, 2008 the U.S. Department of Labor issued a final rule to update the Family and Medical Leave Act (FMLA).  The rule marks the first significant overhaul of FMLA regulations and implementation since its enactment over 15 years ago. This rule is effective January 16, 2009.

Examples of the changes include:

Employee Notice – The new regulation requires employees to follow the employer’s usual and customary call-in procedures for reporting an absence, absent unusual circumstances.

Medical Certification Process – The final rule recognizes the applicability of the Health Insurance Portability and Accountability Act privacy rule to communication  between employers and employees’ health care providers.  The new rule specifically allows HR professionals to contact an employee’s health care provider for the sole purpose of clarifying a medical certification.

Employer Notice Requirement – The final rule extends the time for employers to provide various notices under the Act from two business days to five business days.

Paid Leave

Despite the governor’s mothballing of the program, it is still in the law books with benefits scheduled to begin October 1, 2009.  Given a WA State budget deficit anticipated to be $3.2 billion and the hard economic climate, it is a good bet that the State will look at taxing employers and employees to fund this new social program.

Employers Free Choice Act

This bill would end the secret ballot elections for unions.  Instead a union may be formed based on the presentation of signed union cards.  With strong support by democrats, the passage of the EFCA has a high probability of passing.

Worker Privacy Act

This act significantly limits the ability of employers to communicate with employees on union matters.  Labor is seeking legislation which subjects small employers (currently too small for Federal Law) to collective bargain under the state’s Public Employment relations Commission.