The Department of Labor issued a final rule Nov. 17 that expands the Family Medical Leave Act (FMLA) to military family members, and clarifies general FMLA rights and obligations for workers and employers.

Under the new provisions employees with chronic conditions will be required, for the first time, to certify that they visited a doctor at least twice a year for the particular chronic condition to qualify for applicable FMLA leave. Employees will be required to give ample notice to their employer of their intent to take FMLA leave, defined in the rule as following the employer’s “normal and customary call-in procedures” unless there are unusual circumstances. Additionally, time spent by an employee on “light duty” will not count against an employee’s FMLA leave entitlement: the employee’s right to resume his/her full-time position is held in abeyance during the light duty period. Medical privacy rights are also bolstered as the new rule prohibits an employee’s direct supervisor to contact his/her employee’s healthcare provider to gain FMLA medical certification. Finally, the new rule clarifies and strengthens the employer notification requirements to ensure that employees are fully informed of their rights under the FMLA. The final rule becomes effective Jan. 9, 2009.