Ellen McLaughlin Quoted in the Society for Human Resource Management (SHRM) Online
"Final FMLA Rule Provides New Certification Forms"

Ellen McLaughlin was quoted in the November 20, 2008 issue of the Society for Human Resource Management (SHRM) Online in the article, "Final FMLA Rule Provides New Certification Forms." The article discussed how the U.S. Department of Labor (DOL) recently released final rule of the Family and Medical Leave Act (FMLA), which provides several new forms for different kinds of FMLA leave and changes some medical certification rules. According to Ellen, employers will have now have more information and easier access to information to help them determine whether employees requesting FMLA leave qualify for the requested leave. Ellen acknowledged that she was pleased that the WH-384 form asked employees to list the names, titles, organizations, addresses, phone and fax numbers and e-mail addresses of all third parties that they would visit because of qualifying exigencies for military family leave. She said the form “allows employers to know why the employees are taking the exigency leave and verify” that the time was taken off for the qualifying exigencies.

Ellen noted that employers will be able to monitor FMLA abuse issues better as a result of the final rule. However, she also said that on the whole the final rule was “a very good attempt to balance the concerns of the employer and employee communities.” She said that “not everything in the rule was positive for employers and vice versa.” Ellen added that HR will be busier than ever following the publication of the final rule and should make certain that employers have “extremely accurate records of who is eligible and if not, why not, and how much leave is coming.”

Finally, Ellen concluded that HR professionals should “digest the new process and forms and revisit the way they administer FMLA leave programs and make sure the right hand of FMLA knows what the left hand” of the ADA Amendments Act is doing, and that compliance is coordinated with state workers’ compensation laws and state military family leave laws. She remarked, “Look at your policy and make sure you’re up to date with the final regulations.”