On Wednesday, June 27, 2007, the US Department of Labor reported on the Department's December 1, 2006, request for comments on the current FMLA regulations. The DOL received some 15,000 comments in response to the DOL's request for information regarding the effectiveness of the regulations. Notably, in an unusual move, the DOL did not propose any regulatory changes along with the issuance of the report. The Report, according to the DOL, would "provide information for a fuller discussion among all interested parties and policymakers about how some of the key FMLA regulatory provisions and their interpretations have played out in the workplace."
The Report made four general observations:
1. In the vast majority of cases the FMLA is working as intended.
2. Employee use of intermittent FMLA leave for chronic health conditions has been an administration problem for employers. Interestingly, the DOL observed that its own "regulatory decisions and interpretations may have contributed to this situation."
3. Employers, employees, and health care providers are not happy with the current medical certification process. The DOL opined that at least some of the blame for this unhappiness was due to a lack of understanding of FMLA rights and responsibilities by employers and employees. The DOL noted that it had more work to do to educate employees and employers on the FMLA.
The Report is available at http://www.dol.gov/esa/whd/Fmla2007Report.htm
Comment: The DOL appears to have decided not to change the current FMLA regulations. However, it still might tinker with guidance on intermittent FMLA leave.
In light of the DOL's decision to pass on changing the current regulations, it is very likely that the FMLA will remain unchanged through the end of President Bush's term in office. Of course, there is the possibility that the Democrats will pass modifications to the FMLA before the end of the President's term in office. It is unclear whether the President would sign such a law, or whether Congress has the votes to override a Presidential veto regarding same. Still, stranger things have happened during the run up to a Presidential election year. Stay turned.
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