In the Unified Agenda for April 26, 2010, the DOL announced that it will be proposing regulatory changes to implement the National Defense Authorization Act of 2010, and the Airline Flight Crew Technical Corrections Act, as well as other unspecified revisions, once it completes its review of the subject. The DOL did not provide a date when it it expected to propose the regulations. It did, however, indicate that it would publish the revisions for notice-and-comment rulemaking. The notice may be found at 75 FR 21832 (April 26, 2010).
Comment: In addition to regulations implementing the referenced statutory revisions to the FMLA, it is widely expected that the DOL under the current administration will propose revisions to some of the regulatory revisions to the FMLA made during the twilight of the Bush Administration. In the prior Unified Agenda, the DOL anticipated that it would have the new rules by this November - just in time for mid-term elections. I find it interesting that the current Unified Agenda omits an expected publication date. My guess - and that is all it is- is that we will see new proposed DOL FMLA regulations by this November as fodder for the base.
OPM has not proposed similar revisions to Title II of the FMLA. By statute, OPM is directed to follow the lead of the DOL. As such, I do not expect OPM to take any action to alter the existing FMLA regulations until sometime after the DOL has issued its revisions.