FMLA resource now available online to help union members understand recent changes

Jan. 22, 2009 - This week it just became harder for workers to use their federal family leave benefits.

Before leaving office, the outgoing administration made significant changes to the Family and Medical Leave Act. Meanwhile, in sharp contrast, President Barack Obama campaigned on the expansion of the federal law.

The following are among issues impacted by the new rules:

• Leave for military
• Doctor visits
• Paid leave
• Leave requests
• Medical certification

To help union members understand the current set of rules, OCSEA produced the OCSEA Guide to the Family and Medical Leave Act (PDF) which includes:

• Complete text of the Family and Medical Leave Act of 1993
• U.S. Department of Labor’s final regulations implementing the statute.
• Administrative forms for employees, employers and health care providers.
• Flowcharts describing the process that should be followed by employers and employees in various situations.
• Additional information which may be helpful to workers and union stewards, including forms, footnotes and addenda dealing with FMLA questions. 

Members also may refer to the union's Education Factsheet on FMLA (PDF)

Binding throughout the United States, FMLA regulations have the same force and effect as the law and are also binding. Yet, a federal court may strike down any provision it deems to be arbitrary, capricious, or manifestly contrary to the statute.

In the guide, Thomas B. Cochrane, OCSEA Associate General Counsel, cites a number of cases in the annotations and footnotes. However, he reminds readers that a court decision is binding only in the jurisdiction of the court which decided it.  All of OCSEA’s bargaining units reside in the Sixth Circuit, which encompasses Michigan, Ohio, Kentucky, and Tennessee.

"It is important to remember that the FMLA was amended in 2008, and the Department of Labor issued new regulations on Jan. 19, 2009," Cochrane said. "Cases decided before these dates will not have the same precedential value as cases decided subsequently where the statutory or regulatory provision to which they pertain have changed."

The union guide is for reference use by its staff and officers only, and is not a substitute for sound legal advice. Anyone dealing with an FMLA question should consult an attorney.

See Related

OCSEA's Guide to the Family and Medical Leave Act with annotations, forms, and an interpretive supplement (PDF)

FMLA Eduacation Factsheet (PDF)

FMLA Union Eduation Class

Family and Medical Leave Act

Obama-Biden plan to expand FLMA

OCSEA Blog: Outgoing administration's FMLA changes criticized by worker advocates