Family and Medical Leave Act Amendments

Changes to Family and Medical Leave Act (FMLA)

The amendments made by this section are subject to the following changes in law:

Section 6383 of the Family and Medical Leave Act (FMLA) is amended as follows:

Changes to FMLA Certification Requirements

The Secretary of Labor shall revise the current regulations for providing certifications under section 6383(a)(1)(C) of the Family and Medical Leave Act. Specifically, the regulations are revised to clarify the procedures for employers to follow when an employee provides certification under this paragraph.

Upon request by the employer, the employee may provide certification under section 6383(a)(1)(A), (B), or (D) of the Family and Medical Leave Act, which requires the employee’s healthcare provider to confirm that the condition is a “serious health condition” as defined in section 2387(2) of such Act.

For purposes of this section, a serious health condition includes any illness, injury, impairment, or physical or mental condition that necessitates period of leave under section 6383(a)(1)(A) of the Family and Medical Leave Act. This term does not include routine physical examinations by a healthcare provider unless such examination is related to an individual’s treatment for a serious health condition.

Changes to FMLA Eligibility

Section 6382 of the Family and Medical Leave Act (FMLA) is amended as follows:

(a)(1) A covered servicemember shall be entitled to take leave under section 6383(a)(1)(B) of the Family and Medical Leave Act for a serious injury or illness that renders the employee unable to perform the functions of such employee.

Changes to FMLA Definitions

(a) In this subsection, the following definitions apply:

Any other individual whose close association is the equivalent of a family relationship, used with respect to a covered servicemember, means any person with whom the covered servicemember has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship.
Grandchild, used with respect to a covered servicemember, means the son or daughter of the covered servicemember.
Grandparent, used with respect to a covered servicemember, means a parent of a parent of the covered servicemember.
Nephew, niece, and son-in-law, used with respect to a covered servicemember, mean a son or daughter of the sibling of the covered servicemember.
Parent-in-law, used with respect to a covered servicemember, means a parent of the spouse or domestic partner of the covered servicemember.
Sibling, used with respect to a covered servicemember, means any person who is a son or daughter of a parent of the covered servicemember (other than the covered servicemember).
Spouse, used with respect to an employee for leave under section 6382(a)(1)(E) of the Family and Medical Leave Act, includes a domestic partner (defined as an adult in a committed relationship with another adult, including same-sex and opposite-sex relationships).

Changes to FMLA Notice Requirements

(a) In this subsection, the term covered service member has the meaning given by section 6383(a)(1)(C).

In any case in which the necessity for leave under subsection (a)(3)(B) of the Family and Medical Leave Act is foreseeable, an employee shall provide notice to the employer as is reasonable and practicable.

Changes to FMLA Certification Requirements

(b) For purposes of this section, a serious health condition includes any illness, injury, impairment, or physical or mental condition that necessitates period of leave under subsection (a)(3)(A) of the Family and Medical Leave Act. This term does not include routine physical examinations by a healthcare provider unless such examination is related to an individual’s treatment for a serious health condition.

Upon request by the employer, an employee may provide certification under section 6383(a)(1)(C), (D) or (E) of the Family and Medical Leave Act, which requires the employee’s healthcare provider to confirm that the condition is a “serious health condition” as defined in section 2387(2) of such Act.

For purposes of this subsection, an employer may require certification under paragraph (1)(C) or (D) of section 6382(a) if the employee’s healthcare provider confirms that the condition is not a “serious health condition” as defined in section 2387(2) of such Act.

The Secretary of Labor shall revise the current regulations for providing certifications under section 6383(a)(1)(C), (D) or (E) of the Family and Medical Leave Act. Specifically, the regulations are revised to clarify the procedures for employers to follow when an employee provides certification under this paragraph.

Changes to FMLA Administration

(c) The Secretary of Labor shall revise the current regulations for providing certifications under section 6383(a)(1)(C), (D) or (E) of the Family and Medical Leave Act. Specifically, the regulations are revised to clarify the procedures for employers to follow when an employee provides certification under this paragraph.

For purposes of this section, a serious health condition includes any illness, injury, impairment, or physical or mental condition that necessitates period of leave under subsection (a)(3)(A) of the Family and Medical Leave Act. This term does not include routine physical examinations by a healthcare provider unless such examination is related to an individual’s treatment for a serious health condition.

The Secretary of Labor shall also revise the current regulations for providing certifications under section 6383(a)(1)(C), (D) or (E) of the Family and Medical Leave Act. Specifically, the regulations are revised to clarify the procedures for employers to follow when an employee provides certification under this paragraph.