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DOL Seeking Information from Employers Regarding Regulations Implementing FMLA

Tomorrow, the Department of Labor’s (DOL) Wage and Hour Division (WHD) will publish a Request for Information (RFI) to obtain input from the public regarding regulations implementing the Family and Medical Leave Act of 1993 (FMLA or the Act). WHD notes that the results of employee and employer surveys continue to show an ongoing need for education and awareness in the administration and use of FMLA leave. As such, WHD is seeking input from employers and employees on the current FMLA regulations—specifically what would employers and employees like to see changed in the FMLA regulations to better effectuate the rights and obligations under the FMLA. WHD has also provided the following questions to frame the responses to this RFI: (1) what, if any, challenges have employers and employees experienced in applying the regulatory definition of a serious health condition; (2) what, if any, specific challenges or impacts do employers and employees experience when an employee takes FMLA leave on an intermittent basis or on a reduced leave schedule; (3) what, if any, specific challenges do employers and employees experience when employees request leave or notify their employers of their need for leave; (4) whether it would be helpful to provide additional guidance regarding the interpretations contained in FMLA opinion letters issued by DOL; and (5) any information on the administration and effectiveness of the current regulations and suggestions regarding specific strategies to address such challenges.

According to this notice, the information provided will help the agency identify topics for which additional compliance assistance could be helpful, including opportunities for outreach to ensure employers are aware of their obligations under the law and employees are informed about their rights and responsibilities in using FMLA leave.

Responses to this RFI are due by September 15, 2020 and can be submitted via the federal eRulemaking portal using RIN 1235-AA30. 

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