On Monday, February 11, 2008, the U.S. Department of Labor (DOL) published a proposed rule to clarify many aspects of the Family and Medical Leave Act (FMLA) of 1993. Specifically, DOL is seeking public comments on its proposed revisions to certain regulations implementing the FMLA and issues associated with the new military family leave law.

According to the National Partnership for Women and Families, the Bush Labor Department has now put FMLA rights at risk by proposing new regulations that would make it harder for workers to access FMLA leave.

In the proposed regulations, the Department of Labor is suggesting a number of changes to certain reporting, certification, and medical requirements that could make obtaining FMLA leave more difficult and cumbersome for employees. Additionally, the Department of Labor is proposing giving employers more time to respond to FMLA requests and more ways to deny or delay FMLA leave.

Action Needed

Please contact the DOL today! This is your opportunity to help improve the final rule on the FMLA for both employers and employees. It is imperative that the DOL hear from you in order to strengthen the FMLA by preserving the integrity of the Act's leave protections. The deadline for submitting comments to the DOL is April 11, 2008.

Background

Enacted in 1993, the FMLA provides for up to 12 weeks of unpaid leave in a 12-month period for the birth or adoption of a child; care for a spouse, parent, son or daughter with a serious health condition; or when the employee is unable to work due to the employee's own serious health condition. The FMLA applies only to employers who have at least 50 employees.

In December 2006, the Department issued a Request for Information (RFI) on the effectiveness of the FMLA regulations. The Department received more than 15,000 comments in response to the RFI and summarized the comments in a report entitled Family and Medical Leave Act Regulations: A Report on the Department of Labor's Request for Information, which was published in the Federal Register on June 27, 2007, and highlighted both employer and employee concerns with the FMLA.

In January 2008, Congress for the first time expanded the FMLA to provide additional leave for military families. The law now requires employers to offer FMLA leave for two new qualifying events:

(1) 26 weeks of leave to care for a family member who is injured while on active duty (caregiver leave); and

(2) 12 weeks of leave for urgent needs related to a family member's current active military duty or a call to active military duty (active-duty leave).

While employers are now required to comply with the caregiver leave provision, the active duty leave provision is not effective until DOL finalizes implementing regulations.

The proposed rule would constitute the first change to the FMLA's original implementing regulations since the FMLA was enacted. But first, the DOL wants to hear from you.

According to the National Partnership for Women and Families, FMLA supporters across the country are working in coalition to defend and expand this critical law. Please personalize these sample comments by adding your story about why you support the FMLA. Then send your comments to DOL by the April 11, 2008 deadline. To submit comments online or to view submitted comments, visit www .regulations.gov . For more detailed information on the proposed changes, visit www.nation alpartnership.org.

Editor's note: Portions of this alert are excerpted from bulletins provided by the Society for Human Resource Management (SHRM) and by the National Partnership for Women and Families.