Reacting to concerns raised about the existing FMLA regulations, the Department of Labor has announced that it is soliciting information from the public "for its consideration and review of the Department's administration of the Act and implementing regulations".
Reacting to concerns raised about the existing FMLA regulations, the Department of Labor has announced that it is soliciting information from the public "for its consideration and review of the Department's administration of the Act and implementing regulations". The DOL's request for information (RFI) was published in the December 1, 2006 Federal (select browse, then Table of Contents, go to Wage and Hour division). A copy of the RFI is attached to this Alert. The DOL will accept comments until February 2, 2007.
The RFI identifies twelve areas in which it is requesting input from the public, but states that commentators are not limited to these twelve areas. The twelve areas are:
- who is an “eligible employee”, including the current regulatory tests and the question of what is a “worksite”;
- the definition of “serious health condition”;
- the definition of “day” for purposes of both calculating leave and defining a medical condition;
- substitution of paid leave;
- attendance policies;
- different types of FMLA leave, including the length of time;
- light duty;
- essential functions;
- waiver of rights;
- communication between employers and their employees;
- FMLA leave determinations and medical certifications; and
- employee turnover and retention.
In addition to these twelve areas, the DOL is also seeking comments on how to determine the number of people using FMLA leave, the estimated number of employees taking intermittent FMLA leave, the financial impact of intermittent leave, and whether FMLA leave has a different impact on employers depending on the size of the company.
Employers who have concerns about the FMLA regulations may want to take advantage of this opportunity to provide input to the DOL. Written comments on the RFI should be submitted 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. Electronic comments may be submitted by e-mail to whdcomments@dol.gov. Comments of 20 pages or less may be submitted by fax machine to (202) 693-1432, which is not a toll-free number. Comments should be received by no later than 5 p.m., Feb. 2, 2007.
If you have any questions regarding this RFI, please contact the Ford & Harrison attorney with whom you usually work.