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Revisions to FMLA proposed

Mon, Feb 25th 2008 12:00 am
The Department of Labor issued proposed new regulations for the Family and Medical Leave Act, contending that they will make it easier for employers to administer the benefit.

The FMLA entitles employees to up to 12 weeks of unpaid leave to care for a newborn child or ill family member, or to address their own illness.

The department said the 15-year-old law is "generally working well," but new regulations are needed to deal with "ambiguity" and "increasing friction between employers and employees as a result."

The proposed rule would tighten the definition of "serious health condition" and allow employers to deny perfect-attendance awards to employees who take leave. It also would increase requirements for employers to notify employees of their FMLA rights, require employees to notify employers when they're taking the leave, and allow employers to contact doctors to confirm the medical reason for the leave.

Business groups had been pushing for revisions in FMLA regulations, and praised the Department of Labor for issuing the proposed new rule.

"The FMLA was never intended to turn full-time jobs into part-time jobs," said John Engler, president and CEO of the National Association of Manufacturers.

Other groups and Democrats in Congress criticized the proposed regulations.

If employers are allowed to contact doctors directly, "workers' privacy rights could be in real danger," said Debra Ness, president of the National Partnership for Women & Families.

"Instead of making it more difficult for workers to take the unpaid leave this law provides, the administration should join us in finding ways to expand the FMLA so more workers can take leave for more reasons, and those who cannot afford to miss a paycheck can take the leave they need to care for a new baby or seriously ill family member or to recover from illness," said Ness.

For more information, see dol.gov/esa/whd/FMLANPRM.htm.