2013 Regulatory Changes to Form I-9 and the FMLA

Form I-9

The U.S. Citizenship and Immigration Services (USCIS) released a new Employment Eligibility Verification Form I-9 on March 8, 2013.

The new Form I-9 should be used for all new hires immediately. However, employers may continue to use previously valid I-9 forms (Rev 8/7/09Yand 2/2/09N) for 60 days, or until May 7, 2013. After May 7, the new form must be used. The new form is two pages (with 7 pages of instructions) and may be obtained by going to the USCIS website or by contacting Elin Associates, Inc.

Employers need to remember a new hire must complete Section 1 of the form and provide acceptable documents on the first day of work for pay. The Employer must complete Section 2 of the Form I-9 no later than the 3rd business day the employee starts work for pay. The Form must be completed in its entirety in accordance with the instructions and maintained as directed.


The U.S. Department of Labor published final regulations clarifying several amendments to the Family and Medical Leave Act (FMLA), revised model FMLA forms, and a new notice poster. The new regulations expand the law’s military family leave provisions by creating a new category of “qualifying exigency leave.” Eligible employees are now entitled to “parental care leave” to care for a military member’s parent who is incapable of self-care when the care is necessitated by the member’s covered active duty. Also, eligible employees can now take up to 15 days leave to spend time with a military member on Rest and Recuperation. Further, the definition of “covered servicemember” was expanded to include veterans.

New model notices and forms are available on the DOL’s website or by contacting Elin Associates. The new notice must be posted on company bulletin boards even if you do not have the requisite number of employees at the work location.

The above information is provided for informational purposes and is not to be considered legal advice. Questions, call Larry Elinskas at 804-966-8100.