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Clubs Must Display New FMLA Poster and Review New Rules

Published Monday, October 28, 2013

Private clubs with 50 or more employees must display a new Family and Medical Leave Act (FMLA) poster by March 8, 2014. Like other employment-law posters, it must be displayed in a conspicuous place where employees and job applicants can see it. Failure to do so may result in a fine. Download the poster here: https://www.dol.gov/whd/regs/compliance/posters/fmla.htm.

Key regulation changes that take effect March 8 include:

  • Clarification of the way FMLA is calculated. The Department of Labor (DOL) decided not to require companies (or clubs) to track FMLA leave in the smallest increments their payroll systems use to track work time. Instead, the increment of FMLA leave time should remain the same as the time increment used by the employer for other types of leave.

 

  • The DOL changed the “physical impossibility” rule allowing employers to delay a worker’s reinstatement from FMLA when it was physically impossible for him to return to work in the middle of his shift. The DOL felt this rule was being misinterpreted by applying it to circumstances where it’s only “inconvenient” for the employee to resume working mid shift. Now, delaying a worker’s reinstatement will only be permitted in the most limited circumstances, where it is physically impossible for a worker to return to work.

 

  • New rules regarding caring for members of our armed forces were added. They include:  expanding caregiver leave to cover taking care of veterans discharged within the past five years; allowing caregiver leave to be taken for a pre-existing injury or illness that was aggravated in the line of duty; extending exigency leave to family members of the armed forces; requiring that service members be deployed to a foreign country in order for their family members to qualify for exigency leave; and extending the amount of time an employee can take during a military family member’s “rest and recuperation” period from five to 15 days.

 

Clubs should review the FMLA changes and make any necessary revisions to club policies. Managers are also required to notify employees about changes to the law.

 

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