January 2, 2009
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| TO: |
ALL APPOINTING AUTHORITIES,
HUMAN RESOURCES OFFICERS, AND RECOGNIZED EMPLOYEE ORGANIZATIONS
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| FROM: |
JANET MCCLELLAND,
STATE PERSONNEL DIRECTOR
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| SUBJECT: |
CIVIL SERVICE REGULATION 2.03, LEAVES OF ABSENCE
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| The Family Medical Leave Act was amended last year to create new leave entitlements for eligible employees. The Department of Labor has issued regulations clarifying and implementing the amendments, which take effect on January 16, 2009. Proposed amendments that incorporate the new leave provisions into Civil Service Regulation 2.03, Leave of Absence, are being circulated for review and comment. Significant proposed changes include:
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Qualifying exigency leaves. In addition to the existing entitlement to 12 weeks of FMLA leave, eligible employees may also take FMLA leave for qualifying exigencies arising from the call to duty of a spouse, child, or parent who is a member of the National Guard or Reserves or a military retiree. Qualifying exigencies are defined in detail in regulations promulgated by the Department of Labor, which can be viewed at www.dol.gov/esa/whd/fmla [29 CFR 825.126]. Qualifying exigencies are typically events requiring absence from work that are necessitated by the active duty of the spouse, child, or parent and include things such as military events, urgent childcare needs, school activities, financial and legal arrangements, counseling, rest and recuperation, and post-deployment activities. The draft amendments include qualifying exigencies as specific grounds for FMLA leaves.
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Military caregiver leaves. The FMLA amendments create a new entitlement to 26 weeks of leave to care for a member of the armed forces for serious injuries or illnesses incurred in the line of duty. The military caregiver leave entitlement is administered using a separate 12-month period from that used to determine eligibility for other FMLA leave entitlements. The draft regulation adds a new section describing eligibility, entitlement, and scheduling of military caregiver leaves.
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Written comments regarding the proposed amendments may be sent to Janet McClelland, Chief Deputy Director, Civil Service Commission, P.O. Box 30002, Lansing, Michigan 48909. Comments must be received by January 16, 2009.
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