FMLA Changes

As most of you know, Section 825.306 of the Department of Labor (DOL) FMLA regulations requires that FMLA medical certifications contain certain mandatory information. With the revised FMLA regulations, which take effect on January 16, 2009, the DOL revised 825.306 to allow/require certain additional information. Among other things, the revised regulation allows healthcare providers to include the employee’s diagnosis on the medical certification. The new regulation also requires health care providers to certify that intermittent or reduced schedule leave is “medically necessary”.

To reflect these changes, the DOL has issued two new optional medical certification forms that will replace the old WH-380. Form WH-380E is for employees seeking leave to care for their own serious health condition. Form WH-380F is for employees seeking leave for a family member’s serious health condition.

When the revised regulations take effect on January 16th, the current APWU FMLA forms will no longer be complete. Although to my knowledge, local management has not addressed this issue with employees yet, I wanted you to be aware of the change in regulations. Headquarters is currently in the process of reviewing our FMLA materials. I am told that until the National Union updates the APWU forms, employees may use the new WH-380E and WH 380-F medical certification forms.

Also of note, the DOL has also issued optional certification forms for employees seeking Military Family Leave. Under the new FMLA regulations, employees are able take leave to care for an ill or injured service member and/or for “qualifying exigencies” to help manage the affairs of service members who are away on active duty.

Please contact me or your Tour steward if you have any further questions.