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Proposed Regulations Would Help Clarify 'Serious' Condition and Improve Certification Rules, but Also Add a New Notification Requirement


The U.S. Labor Department yesterday took a big step toward clarifying some of the most confusing aspects of the Family and Medical Leave Act (FMLA). The agency issued a series of proposed changes to the law that, if finalized, could help employers administer the complex 15-year-old law and avoid lawsuits.

Today's long-awaited publication of The Family and Medical Leave Act of 1993: Proposed Rule calls for, among other things:

  • A clearer definition of “serious health conditions” that qualify for FMLA leave.
  • A more complete and clear explanation of employee and employer notification requirements.
  • More detail on when and how employers can collect FMLA medical certification information from employees and their doctors.

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