2008-03-24

This Hewitt Special Report provides a detailed summary of the proposed FMLA regulations and their potential impact on employers.

On February 11, 2008, the Department of Labor (DOL) issued long-awaited proposed regulations that would revise the Family and Medical Leave Act of 1993 (FMLA). The FMLA provides eligible workers with job protection rights for absences due to the birth or adoption of a child, or for the serious health condition of the worker or qualifying family member. As of January 28, 2008, the law also provides leave for employees who have family members in the armed forces.The proposed changes attempt to alleviate some of the administrative challenges faced by employers when trying to comply with the law.

The proposed regulations would:

• Redefine some categories of "serious health condition";
• Clarify the employee's responsibilities to report intermittent absences;
• Eliminate the need for employers to use health care providers to seek clarifications of medical condition certifications;
• Expand "fitness-for-duty" requirements;
  Revise the notice penalty provisions in accordance with the Supreme Court's decision in Ragsdale; and
• Expand upon existing regulations, among other provisions, waivers of FMLA claims, expiration of certifications, and "perfect attendance" awards.

Comments on the proposed regulations must be received by April 11, 2008. In addition to comments on the proposed regulations, the DOL is seeking public comment on the expanded military leave recently enacted in the National Defense Authorization Act for FY 2008. Hewitt plans to submit comments to the DOL within the 60-day comment period. Once submitted, a copy of the full text of Hewitt's comment letter will be available.  

Hewitt Associates has prepared this Special Report on Proposed FMLA Regulations, which provides a detailed summary of the proposed regulations and their potential impact on employers. The report offers a comparison of current rules to the proposed changes, as well as Hewitt commentary on topics such as employer coverage, eligible employees, leave entitlement, qualifying reasons for leave, employer notice requirements, employee notice requests, medical certification, substitution of paid leave, return to work, and the family military leave amendment. 

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