FMLA Proposed Regulations
On February 11, 2008, the Department of Labor (DOL) published proposed regulations updating the Family Medical Leave Act (FMLA) in the Federal Register and requested comments. All comments must be received on or before April 11, 2008. The full text of the proposed regulations can be found at: http://www.dol.gov/esa/whd/fmla under "Key News", "Notice of Proposed Rulemaking."
DOL is particularly interested in comments on issues related to the military family leave, discussed in our E-Alert dated February 18, 2008. As a result, DOL included a description of the relevant military family leave statutory provisions, a discussion of issues DOL has identified and a series of questions seeking comment on subjects and issues that may be considered in the final regulations. Included for comment are several forms including, Form WH-380 Certification of Health Care Provider, WHD Publication 1420 Notice to Employees of Rights under FMLA, Form WH-381 Eligibility Notice and Form WH-382 Designation Notice.
The current regulations are set forth in the form of a question. DOL is planning to reword each question into the more common format of a descriptive title. DOL is looking for comments on whether this would be helpful.
DOL has issued a summary regarding proposed changes to the main regulations. This summary can be found at http://www.dol.gov/esa/whd/FMLANPRM.htm under "Additional information on the NPRM", "Fact Sheet on the NPRM (PDF)." Highlights include light duty, serious health condition, notice obligations, medical certifications and fitness-for-duty certification.
Those interested in commenting on the Proposed Regulations who would like assistance, should contact our office to discuss. Just a reminder, all comments must include reference to the U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division and the Regulatory Information Number [RIN 1215-AB35] assigned to this rulemaking.
BOTTOM LINE:
Continue to use the current FMLA regulations; Contact counsel if you want to discuss submitting comments based on your company's FMLA experience to the newly proposed regulation; Continue to watch developments regarding the revised FMLA regulations and effective date for their use following finalization.
Skarlatos & Zonarich LLP is a full-service law firm with highly skilled professionals dedicated to providing clients with sound advice and aggressive advocacy. For more information, visit skarlatoszonarich.com.
