DOL interpretation tackles FMLA rule on caring for adult children

January 16, 2013 2 COMMENTS

A new U.S. Department of Labor (DOL) Administrator’s Interpretation has been issued to clarify who qualifies as an adult “son or daughter” whom an employee may take unpaid leave from work to care for and rely on the job protections of the Family and Medical Leave Act (FMLA).

An adult son or daughter must meet four requirements before the employee may take FMLA leave to provide care. (The employee must also meet all of the other requirements under the FMLA, such as employer coverage and employee eligibility.) The son or daughter must (1) have a mental or physical disability as defined under the Americans with Disabilities Act (ADA) as amended by the ADA Amendments Act (ADAAA), (2) be incapable of caring for himself because of the disability, (3) have a serious health condition, and (4) be in need of care because of the serious health condition.

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Wait Is Finally Over! EEOC Finalizes Regulations Interpreting ADAAA

March 24, 2011 0 COMMENTS

More than two years after the ADA Amendments Act (ADAAA) went into effect, the Equal Employment Opportunity Commission (EEOC) has finalized regulations interpreting the law’s requirements. For the most part, the final regulations provide exactly the type of comprehensive guidance employers were hoping for. In any event, they are a dramatic departure from (and an improvement over) the proposed regulations the EEOC issued in September 2009.

Let’s look at the regulations’ key provisions and what they mean for employers.

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EEOC Issuing Long-Awaited ADA Regulations

March 24, 2011 0 COMMENTS

By David S. Fortney, Editor Federal Employment Law Insider
Fortney & Scott, LLC

More than two years after the ADA Amendments Act (ADAAA) went into effect, the Equal Employment Opportunity Agency (EEOC) is finally issuing regulations interpreting the law’s requirements. The regulations provide crucial information for employers who, for the past two years, have struggled to comply with the ADAAA with no regulatory guidance on what was required of them.

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Final ADAAA Regulations Expected Mid-2010

December 09, 2009 0 COMMENTS

Update: New Final ADAAA Regs published by EEOC

The Equal Employment Opportunity Commission (EEOC) has now begun reviewing the more than 600 comments that were received in response to its proposed ADA Amendments Act (ADAAA) regulations. According to the latest regulatory agenda, the EEOC anticipates the review will be complete — and final ADAAA regulations will be implemented — in July 2010.

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EEOC Moves Forward with ADAAA Regs

September 18, 2009 0 COMMENTS

The Equal Employment Opportunity Commission (EEOC) has voted to approve a Notice of Proposed Rulemaking (NPRM) that would revise its Americans with Disabilities Act (ADA) regulations to comply with the ADA Amendments Act (ADAAA), which was passed late last year and went into effect January 1, 2009. The ADAAA and the proposed rule make it easier for employees and applicants who allege disability discrimination to establish that they are disabled and therefore entitled to the ADA’s protections.

In a huge departure from the approach taken in the old regulations, the NPRM lists specific types of physical and mental impairments that will “consistently” qualify as disabilities under the ADA, such as deafness, blindness, missing limbs, cancer, cerebral palsy, epilepsy, HIV/AIDS, and severe mental disorders such as bipolar disorder or schizophrenia. In addition, the EEOC emphasizes that: read more…