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This column is intended to provide general information and does not constitute legal advice in any individual case. Since facts differ in each specific situation, you should seek the advice of an attorney or other employment law expert.
Jenna H. Leyton, Esq., Pettit Kohn Ingrassia & Lutz PC
SD SHRM LEGAL/LEGISLATIVE UPDATE: MARCH 2013
U.S. Department of Labor Issues Final Rule Expanding FMLA Protections
The U.S. Department of Labor ("DOL") has issued a final rule expanding military family leave provisions as well as eligibility provisions for airline flight crew employees under the Family and Medical Leave Act ("FMLA"). The new rule implements and interprets two statutory amendments to the FMLA: the National Defense Authorization Act for Fiscal Year 2010 and the Airline Flight Crew Technical Corrections Act.
Among other things, the final rule:
The final rule takes effect on March 8, 2013. Additional information, as well as Frequently Asked Questions, can be found on the DOL's website athttp://www.dol.gov/whd/fmla/2013rule/militaryFR_FAQs.htm. In conjunction with issuing the final rule, the DOL has also updated its "Employee Rights and Responsibilities Under the Family and Medical Leave Act" poster, which employers with fifty or more employees are required to display. The updated poster can be found athttp://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf.
IRS Issues Proposed Rules on Employer "Shared Responsibility" Tax Under Affordable Care Act
The U.S. Treasury Department and the Internal Revenue Service ("IRS") have issued proposed rules providing guidance on the employer "shared responsibility" excise tax under the federal health care reform law.
In addition, the IRS has published new Q&As providing guidance about the tax, which was added to the Internal Revenue Code by the Patient Protection and Affordable Care Act and takes effect beginning in 2014.
The proposed rules are broad in scope and contain several new rules and clarifications. For example, the proposed rules: