Friday, January 25, 2008

DOL proposes FMLA changes


In June 2007, the Department of Labor published a 181-page report on the FMLA that concluded, "In the vast majority of cases, the FMLA is working as intended." So, if the FMLA is working just fine, why is today's New York Times reporting that the DOL has proposed new regulations to address corporate complaints that workers are abusing the FMLA?

The Times reports that the proposed changes would require workers to call in to request a leave before being eligible to take it, eliminating the current two-day grace period, with an exception for employees who are too ill to call in. The DOL also proposes tightening medical certification procedures to eliminate disagreements over whether an employees had done enough to show they qualified for leaves.

While this is certainly a step, it remains be seen if this is a step in the right direction for employers who are dying for some help with the FMLA quagmire.

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