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GAO-09-215R 1 (2008-12-02)

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T I   M Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-317505


          December 2, 2008

          The Honorable Edward M. Kennedy
          Chairman
          The Honorable Michael B. Enzi
          Ranking Minority Member
          Committee on Health, Education, Labor, and Pensions
          United States Senate

          The Honorable George Miller
          Chairman
          The Honorable Howard P. Buck McKeon
          Ranking Minority Member
          Committee on Education and Labor
          House of Representatives

          Subject: Department of Labor, Wage and Hour Division: The Family and Medical
                  Leave Act of 1993

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Labor (Labor), Wage and Hour
          Division, entitled The Family and Medical Leave Act of 1993 (FMLA) (RIN: 1215-
          AB35). We received the rule on November 18, 2008. It was published in the Federal
          Registeras a final rule on November 17, 2008. 73 Fed. Reg. 67,934.

          The final rule amends the regulations implementing the FMLA, Pub. L. No. 103-3, 107
          Stat. 6 (Feb. 5, 1993), the law that provides eligible employees who work for covered
          employers the right to take job-protected, unpaid leave for absences for the
          following circumstances: the birth of the employee's son or daughter; to care for the
          newborn child; placement of a son or daughter with the employee for adoption or
          foster care; care for a son, daughter, spouse, or parent with a serious health
          condition; or the employee's own serious health condition. The final rule also
          addresses new military family leave entitlements included in amendments to the
          FMLA enacted as part of the National Defense Authorization Act for FY 2008, Pub. L.
          No. 110-181, § 585(a), 122 Stat 3, 128 (Jan. 28, 2008). The amendments provide
          additional job-protected leave rights to eligible employees of covered employers who
          provide care for covered service members with a serious injury or illness and
          because of qualifying exigencies arising out of the fact that a covered military
          member is on active duty or has been notified of an impending call or order to active


GAO-09-215R

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