DOL Seeks Input on the FMLA
Finally! You can let the U.S. Department of Labor (DOL) know how you feel about the FMLA. The DOL has invited the public to provide pertinent information about the Family and Medical Leave Act (FMLA) and its implementing regulations. The DOL will use any input it receives to determine the effectiveness of the current regulations and the DOL’s administration of the FMLA.
While the DOL welcomes information on all issues related to the FMLA regulations, it specifically seeks comments on several topics, including:
- Who is an “eligible employee”?
- The definition of a “serious health condition”.
- The definition of “day” for purposes of defining a “serious health condition” and calculating any leave.
- The impact of prohibiting employers from applying their normal leave policies to employees substituting paid time off for unpaid FMLA leave.
- The FMLA’s impact on “no-fault” attendance policies and “perfect attendance” awards.
- The problems associated with different types of FMLA leave (e.g. scheduled, unscheduled, intermittent, continuous block of time).
- Should “light duty” work count against the employee’s FMLA leave entitlement?
- Examples of employees misusing FMLA leave.
- The problems associated with an employee’s failure to promptly alert the employer about the need for FMLA leave.
- What problems are associated with the regulation that permits an employer to contact the employee’s health care provider (solely for purposes of clarification and authenticity) only through the employer’s health care provider?
- Should the model Certification of Health Care Provider form be revised? If so, how?
- Does the availability of FMLA leave affect employee morale and productivity?
If you would rather send your written comments directly to the DOL, they can be submitted to