The Department of Labor (DOL) has been promising new Family and Medical Leave Act (FMLA) rules since 2002. In each subsequent Agenda published by the DOL, it promised that amendments would be out “soon.†Finally, the DOL announced in the December 1, 2006 Federal Register [http://www.dol.gov/esa/whd/FMLARequestForInformation.pdf] that it wants your comments on the FMLA. All comments are due by February 2, 2007.
The DOL has long been aware that employers struggle under the burdens of the FMLA: the use of intermittent leave, scheduling, and medical certification, among a few issues. The courts have already invalidated many of the current regulations. The DOL’s request for your comments before issuing proposed rules may suggests the agency’s interest in responding to these concerns and criticisms.
The DOL is asking for your input on the following 12 areas of concern, although comments may address any area of the FMLA.
1. who is an “eligible employee,” including what is a “worksite;”
2. the definition of a “serious health condition;”
3. the definition of “day” in calculating leave and defining a medical condition;
4. substitution of paid leave;
5. attendance policies;
6. different types of FMLA leave;
7. light duty;
8. essential functions;
9. waiver of rights;
10. communication between employers and employees;
11. leave determinations and medical certifications; and
12. employee turnover and retention.
The DOL is also looking for comments on companies’ actual use of FMLA leave, including the financial impact of intermittent leave and the FMLA’s different impact on employers of varying sizes.
Make Your Comments Known: Submit your written comments by February 2, 2007, to Richard M. Brennan, Senior Regulatory Officer, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue, N.W., Washington, D.C. 20210. You can also email your comments to whdcomments@dol.gov. Finally, you can fax comments of 20 pages or less to (202) 693-1432.
For more information, visit the DOL’s website [http://www.dol.gov/esa/whd/fmlacomments.htm], or call the DOL directly at 1-866-4USWAGE (1-866-487-9243).
