posted on Thursday, November 30, 2006 4:08 PM
by
Lou Michels
FMLA Regs Out for Comment
The Department of Labor has asked for comments concerning the implementation and interpretation of the Family and Medical Leave Act ("FMLA"). DOL is looking for comments and information in response to statutory, regulatory and judicial developments affecting the interpretation of the Family Medical Leave Act. DOL is specifically looking for comments regarding the FMLA's eligibility requirements (e.g., how is the 12-month employment requirement interpreted); the ever-popular definition of a "serious health condition" (e.g., frequently the regulatory tests supersede the generic exclusions listed in 29 C.F.R.ยง 825.114); the definition of "day" in calculating time away from work; substitution of paid leave for unpaid leave under individual employer policies; the impact of the FMLA on employer attendance policies; the impact of scheduled versus unscheduled FMLA leave and how employers respond; the effect on FMLA leave of light duty work; the definition of "essential" functions of a job under the FMLA; and whether a waiver of FMLA rights is possible and under what circumstances.
Anyone who is interested in submitting comments on these issues as they relate to the questions posed by DOL in its announcement may do so, either as individuals, or through their counsel. McGuireWoods routinely submits comments on behalf of its clients, as well as performing analysis of the proposed regulations and alerting clients of potential concerns--if you have any issues, raise them here as comments or contact Rod or me directly.