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Regulatory Update

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The U.S. Department of Labor’s Wage and Hour Division issued proposed changes to the Family and Medical Leave Act (FMLA) regulations in three specific areas: family military leave, flight crew eligibility and the calculations on increments of FMLA leave used.  While the proposed changes to the family military and flight crew leaves were expected and largely reflect statutory changes required when Congress enacted two separate laws back in 2010 and 2011, certain changes – including those relating to the calculations on increments of leave used – are not required by statute. 

These new changes include the Department’s proposed deletion of a SHRM-supported provision allowing employers to utilize different allotments of FMLA leave at different times of day under certain circumstances related to employees on reduced or incremental FMLA leave.  If this provision is deleted, employers once again will be required to track intermittent or reduced schedule leave in the smallest increment of time used by their payroll systems.

Watch your inboxes! In early April, SHRM will be alerting members and provide information and material for those interested in submitting individual comments in response to the proposed rule.  In addition, SHRM will reach out to state council and chapter legislative leaders inviting them to sign onto SHRM’s comment, which will be filed prior to the April 16 deadline for submissions.


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