Labor & Employment Law

Ready for new FMLA regulations?

Department of Labor's proposed amendments to its regulations under the Family and Medical Leave Act (FMLA) will be filed in the Federal Register on February 11, 2008. Comments must be received on or before April 11, 2008. The filing includes both proposed changes to previously-adopted regulations and a request for input on for new regulations implementing the new statute dealing with military family leave.

Notice of Proposed Rulemaking; Request for Comments (02/11/2008) [477 pages]

(1) Previous regulations are reorganized. There are substantive changes dealing with the definition of "serious health condition," required notices, joint employers, light duty, overtime, bonuses, substituting paid leave for FMLA leave, voluntary settlement of claims, employer's failure to designate absences as being FMLA leave, and other matters.

(2) DOL seeks public comment on issues to be addressed in final regulations dealing with military family leave. (Statutory amendments providing FMLA leave to care for a covered servicemember became effective January 28, 2008. A statutory amendment providing FMLA leave for "qualifying exigencies" arising out of a family member's active duty or call to active duty are not effective until DOL issues regulations defining "qualified exigencies.")

Full post as published by Ross' Employment Law Blog on February 09, 2008 (boomark / email).