Want to change the FMLA? Here’s your chance

After years of delay and missed deadlines, the U.S. Labor Department appears ready to move ahead with its promised update to FMLA regulations. But before it breaks out the red pen, the agency is seeking input from employers and other interested parties.

Specifically, Labor has put forth several questions to the employer community. Those questions give an indication as to which FMLA provisions the agency believes need fixing. Among the questions it’s asking:

• What is a “serious” health condition that qualifies for FMLA leave?
• Who should be eligible for leave?
• How should FMLA “days” be counted? (Should “light duty” count against FMLA entitlement?)
• How should the ADA and the FMLA medical certification processes be integrated?

To read about the request and learn how to submit your own comments, go to www.dol.gov/esa/whd/fmlacomments.htm. You have until Feb. 2. Look for Labor to draft proposed regulations in the coming months and then final rules later in 2007.

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