Court Rulings Spur FMLA Update
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The U.S. Department of Labor (DOL) announced it will issue a proposed and then final regulation by the end of 2008 addressing key court decisions regarding the Family and Medical Leave Act (FMLA).
The pivotal decision was a 2002 Supreme Court ruling that invalidated a provision in the current regulation that said employers were to restart the FMLA clock of 12 weeks if formal family or medical leave designation was not given by the employer. At the time, this decision was viewed as a narrow victory for employers.
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