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Family and Medical Leave Act, Military Family Leave Final Regulations

Family and Medical Leave Act, Military Family Leave Final Regulations
Get important background information concerning the FMLA rule changes, along with succinct explanations of the new rules and how they have changed from prior regulations.

LABOR & EMPLOYMENT LAW — 8/14/08

Service coordinators lack prolonged study, aren't "learned professionals," DOL advises

"Service coordinators" who assist program participants with gaining access to services and develop individual service plans for them in addition to providing planning, coordination, referral and follow-up and 24-hour case management do not qualify as "learned professionals" within the meaning of Section 13(a)(1) of the FLSA, a non-administrator opinion of the Wage and Hour Division advises. Services coordinators must have an associate's degree, be a registered nurse, or have one year of relevant experience; a bachelor's degree is desired. Occupations requiring only a bachelor's degree, associate's degree or short course of training do not qualify for the "learned professional" exemption. Because the academic requirements for service coordinators may be met with an associate's degree, the position lacked the requisite "knowledge of an advanced type . . . customarily acquired by a prolonged course of specialized intellectual instruction" and thus is not exempt on this basis (W & H Opinion Letter No 2578 (FLSA 2008-10NA), June 9, 2008 [released July 29, 2008], 05-08 CCH WH ¶31,484).

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

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