Employment Law Update

There are two major employment law changes that have occurred in the first part of 2009. Effective January 1, the Family Medical Leave Act (FMLA) was expanded to include military personnel and their families. Employers are no longer allowed to force their employees to use their paid time-off benefits while on FMLA leave, and it is now the employer's duty to identify who qualifies for protected leave. The protections described in the Americans with Disabilities Act (ADA) were also expanded, through the ADA Amendment Act (ADAAA). The ADAAA's purpose was to better define "disability" and to set forth the criteria for an individual meeting the definition. The Employee's Free Choice Act is sure to pass in 2009. It eliminates secret ballot elections by employees for union representation.

Fast Facts

  • There are numerous "watchdog" groups monitoring all recent changes and possible changes in employment law.
  • In order for an employee to be eligible for FMLA protections, he or she must make a second visit to his or her healthcare provider within 30 days of onset of his or her incapacity to work.
  • Employees that suffer from chronic impairments must see their healthcare providers twice per year.

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