DOL Proposes New FMLA Regulations After Congress Expands Statutory Protections

Following recent military-related amendments to the Family and Medical Leave Act, the U.S. Department of Labor has proposed changes to existing FMLA regulations. The DOL’s proposed changes build on the agency’s December 2006 Request for Information, whereby DOL sought public comments on numerous FMLA issues. Among other items, DOL’s recent proposals address what constitutes a serious health condition; substitution of paid leave; notice requirements for employees and employers; and medical certification procedures.

The proposed regulations are intended to help employers curb FMLA abuse, while at the same time facilitating leave for eligible employees. Seyfarth Shaw will be submitting comments on the proposed regulations on behalf of the Society for Human Resource Management and other employer stakeholder groups, as we did in response to DOL’s 2006 Request for Information. Client input and participation are welcome.

The new regulations are slated to take effect later this year. In that event, employers and employees alike should better understand their FMLA obligations. Meanwhile, the new FMLA military leave requirements, particularly as yet undefined “qualifying exigency” leave requirements, increase employer obligations under an already complex statute. Click here to view our previous Management Alert regarding FMLA military leave.