Ellen McLaughlin Quoted in Employee Benefits News
"Final Rules on Family and Medical Leave Published"

Ellen McLaughlin was quoted in the November 17, 2008 article, "Final Rules on Family and Medical Leave Published," in Employee Benefits News. The article discussed the new FMLA regulations published by the Department of Labor, which are the first revisions to the Family Medical Leave Act since its passage in 1993 and take effect on January 16, 2009. According to Ellen, "The DOL has changed all of the forms associated with FMLA leave, including its medical certification form and employer response form, which is now split into two forms—notice and designation." She further explained that "This will increase the administrative burden on employers, but the stated reason for this change is to provide the employee with more detailed information as to his/her right and obligations under the Act."

When the DOL proposed the new FML rules last February, it disappointed employers who were hoping for clarification and relief from administrative burdens. Ellen said that the final regulations are substantially similar to those proposed, with a few notable exceptions. She noted that "Two of the most significant changes from the prior regulations involve what medical information the employer can get to verify an employee or eligible family member's serious health condition and how an employer can get this information. Overall, the final regulations are a win for employers in this area. Employers now able to get more detailed information regarding an employee's or eligible family member's serious health condition, and it is easier to get this information, as the employer—not the employer's health care provider per the old rules—can make contact with the employee's health care provider."