HR10-02
STAFF REPORT
Operations Committee, February 4, 2010
Revision to Policy Statement 93, Family and Medical Leave Act (HR10-02)
Consideration of revising Policy Statement 93 Family and Medical Leave Act (FMLA) in response to recent implementation of a Final Rule under the Family and Medical Leave Act published by the federal Department of Labor
Speaker: Ms. Karen Spurlin
From: Valiria Willis, Director of Human Resources
Prepared by: Karen Spurlin, Employee Relations Manager
Approved by: Benjamin T. Shivar, Town Manager
Approved by: Michael J. Bajorek, Assistant Town Manager
Executive Summary: In November, 2008, the federal Department of Labor issued a Final Rule updating the 1993 Family and Medical Leave Act (FMLA). The Final Rule became effective on January 16, 2009 and updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act of 2008. Because additional changes to the FMLA are expected, staff recommends revising the policy to include only general information on the FMLA and incorporating all specific details of the Town’s FMLA compliance into Standard Operating Procedure #8, Family and Medical Leave Act (FMLA). This procedure has been revised and will be implemented upon approval of revised Policy Statement 93.
Background: The National Defense Authorization Act of 2008, effective January 16, 2009 , implements new military family leave entitlements under the FMLA. Specifically, employees who have a spouse, child or parent who is on, or has been notified of an impending call to, active duty status in the National Guard or Reserves in support of a contingency operation may now take up to twelve weeks of FMLA leave for a “qualifying exigency” (QE leave). Qualifying exigencies include short-notice deployment, attendance at certain military programs, financial and legal planning sessions, etc. The National Defense Authorization Act of 2008 also allows for employees to take up to a total of twenty-six weeks of FMLA leave to care for a spouse, child, parent or next of kin who is a current member of the Armed Forces and has incurred an injury or illness in the line of duty while on active duty (Servicemember Family Leave).
In October of 2009, the FMLA was further amended by the National Defense Authorization Act for Fiscal Year 2010 (NDAA 2010). These amendments allowed for QE leave for employees who have a spouse, child or parent called to duty who is in the regular armed forces (not just National Guard or Reserves). The NDAA 2010 also extended Servicemember Family Leave to include service members who had a service-related injury or illness during the five years preceding the date of treatment (not just current service members.) Staff attended thorough training on the FMLA legal changes; revised all Town processes and forms to comply with these changes; and beginning in March of 2009, conducted mandatory three-hour FMLA training programs for all Town supervisors, managers and department directors.
Staff has incorporated all necessary legal changes into the revised policy. Updating this policy updates all other references to the FMLA in Town Code, policies and procedures.
Discussion: None
Fiscal Impact: None
Staff Recommendation: Staff recommends adopting the proposed revised Policy Statement 93 Family and Medical Leave Act (FMLA).
Operations Committee, February 4, 2010
Revision to Policy Statement 93, Family and Medical Leave Act (HR10-02)
Consideration of revising Policy Statement 93 Family and Medical Leave Act (FMLA) in response to recent implementation of a Final Rule under the Family and Medical Leave Act published by the federal Department of Labor
Speaker: Ms. Karen Spurlin
From: Valiria Willis, Director of Human Resources
Prepared by: Karen Spurlin, Employee Relations Manager
Approved by: Benjamin T. Shivar, Town Manager
Approved by: Michael J. Bajorek, Assistant Town Manager
Executive Summary: In November, 2008, the federal Department of Labor issued a Final Rule updating the 1993 Family and Medical Leave Act (FMLA). The Final Rule became effective on January 16, 2009 and updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act of 2008. Because additional changes to the FMLA are expected, staff recommends revising the policy to include only general information on the FMLA and incorporating all specific details of the Town’s FMLA compliance into Standard Operating Procedure #8, Family and Medical Leave Act (FMLA). This procedure has been revised and will be implemented upon approval of revised Policy Statement 93.
Background: The National Defense Authorization Act of 2008, effective January 16, 2009 , implements new military family leave entitlements under the FMLA. Specifically, employees who have a spouse, child or parent who is on, or has been notified of an impending call to, active duty status in the National Guard or Reserves in support of a contingency operation may now take up to twelve weeks of FMLA leave for a “qualifying exigency” (QE leave). Qualifying exigencies include short-notice deployment, attendance at certain military programs, financial and legal planning sessions, etc. The National Defense Authorization Act of 2008 also allows for employees to take up to a total of twenty-six weeks of FMLA leave to care for a spouse, child, parent or next of kin who is a current member of the Armed Forces and has incurred an injury or illness in the line of duty while on active duty (Servicemember Family Leave).
In October of 2009, the FMLA was further amended by the National Defense Authorization Act for Fiscal Year 2010 (NDAA 2010). These amendments allowed for QE leave for employees who have a spouse, child or parent called to duty who is in the regular armed forces (not just National Guard or Reserves). The NDAA 2010 also extended Servicemember Family Leave to include service members who had a service-related injury or illness during the five years preceding the date of treatment (not just current service members.) Staff attended thorough training on the FMLA legal changes; revised all Town processes and forms to comply with these changes; and beginning in March of 2009, conducted mandatory three-hour FMLA training programs for all Town supervisors, managers and department directors.
Staff has incorporated all necessary legal changes into the revised policy. Updating this policy updates all other references to the FMLA in Town Code, policies and procedures.
Discussion: None
Fiscal Impact: None
Staff Recommendation: Staff recommends adopting the proposed revised Policy Statement 93 Family and Medical Leave Act (FMLA).
