MILITARY FAMILY LEAVE EXPANDED

On October 28, 2009, President Obama signed H.R. 2647 (the Fiscal Year 2010 National Defense Authorization Act) into law.  This new law includes two expansions of the recently-enacted exigency and caregiver leave provisions for military families under the Family and Medical Leave Act of 1993 (FMLA). 

GOVERNMENT MISSES DEADLINE FOR MENTAL HEALTH PARITY REGULATIONS

When President Bush signed the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) on October 3, 2008, that triggered a requirement for the Internal Revenue Service, Department of Labor and the Department of Health and Human Services (HHS) to issue regulations no later than October 3, 2009.  Earlier this month, HHS announced that the regulations will be delayed. They said the new goal is to issue regulations by January 2010. In the absence of regulations, plan sponsors will have to make reasonable good faith efforts to comply with MHPAEA.

Appeals Court Rules on Definition of “Medical Examination”

Under the Americans with Disabilities Act (ADA), employers can only require employees to undergo medical exams if the exam is job-related and necessary.  The Appeals Court for the Ninth Circuit ruled a physical capacity evaluation (PCE—also known as a functional capacity evaluation) to be a medical exam, thereby possibly violating the ADA.

HEALTH CARE REFORM UPDATE

On October 13, 2009, the Senate Finance Committee passed its version of health care reform.  Now that all five committees with jurisdiction over health care reform have passed legislation, it is up to the leadership in each house of Congress to merge the bills in that house for action on the floor of the house, where there will undoubtedly be many amendments.

AGENCIES ISSUE INTERIM RULES UNDER GINA

The Department of Health and Human Services (HHS), the Department of Labor and the Internal Revenue Service have released an interim final rule prohibiting discrimination on the basis of an individual’s genetic information under Title 1 of the Genetic Information Nondiscrimination Act of 2008 (GINA). 

EEOC ISSUES ADAAA REGULATIONS

On September 23, 2009, the Equal Employment Opportunity Commission (EEOC) published proposed regulations in the Federal Register to implement the equal employment provisions of the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act of 2008.  The EEOC also published questions and answers about the proposed regulations.