On November 17, 2008, the United States Department of Labor (“DOL”) issued new Final Regulations interpreting the Family and Medical Leave Act (“FMLA”) replacing the regulations issued in 1995. The new set of Final Regulations takes effect on January 16, 2009. Some highlights of the Final Regulations include:

• The National Defense Authorization Act enacted earlier this year provided FMLA leave for a “qualifying exigency” without defining what that term means. The new Final Regulations define “qualifying exigency” to allow eligible employees with a covered family member on active duty or called to active duty to use FMLA leave for: short-notice deployment; military events and related activities; childcare and school activities; financial and legal arrangements; counseling; rest and recuperation; post-deployment activities; and any additional activities agreed to by the employer and employee.