Proposed FMLA Revisions-2008

Proposed FMLA Revisions---2008

In June, 2007, the Department of Labor published an update on its request for information from employers, and employees, in regards to the Family Medical Leave Act Regulations. The report, in and of itself, is interesting reading, and I would recommend at a minimum, a perusal of its contents. You can find a copy of the report here. The file is in PDF (Acrobat Reader) format.

The Department of Labor formulated proposed changes to the FMLA based on the June 2007 report noted above, and these proposed changes appeared in the Federal Register on February 11, 2008. These proposed changes apply to Title I of the FMLA, and Title I applies to Postal Employees, a few other government sector employees, and the general public. I would definitely recommend reading of these proposed changes by all personnel who are covered by Title I of the FMLA. A copy of the proposed changes can be viewed here. The file is in PDF (Acrobat Reader) format.

You may view summaries of the proposed changes at the Buchanan, Ingersoll, and Rooney website, Ford & Harrison LLP Website, or the Jackson, Lewis website. The Jackson, Lewis website has more in-depth summaries.

These proposed changes to the FMLA can be commented upon by "you", the covered employee. To make comments or suggestions to the Department of Labor in regards to these proposed FMLA changes go to www.regulations.gov. On the home page, under the Comments or Submission tab, type in FMLA, and click on "Go". On the page the site brings up "Narrow Results" in the left table window. Under "Narrow Results" in that table window, you will see "Document Type", click on "proposed rules". That will bring up a link, "The Family Medical Leave Act of 1993" which will have a "Send a Comment or Submission" link below it. Click on that link and it will take you to the comments window.

These are the instructions posted on that site for making comments on the proposed changes:

"You may submit comments, identified by RIN 1215-AB35, by either one of the following methods:
• Electronic comments, through the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
• Mail: Address all written submissions to Richard M. Brennan, Senior Regulatory Officer, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue, N.W., Washington, DC 20210. Instructions: Please submit one copy of your comments by only one method. All submissions must include the agency name and Regulatory Information Number (RIN) identified above for this rulemaking. Please be advised that comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Because we continue to experience delays in receiving mail in the Washington, DC area, commenters are strongly encouraged to transmit their comments electronically via the Federal eRulemaking Portal at http://www.regulations.govor to submit them by mail early. For additional information on submitting comments and the rulemaking process, see the Public Participation heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov. "

The highlighted portions are my addition to identify the actual mailing address for comments, and to point out the necessity of only using one method.

It would behoove all personnel who have an interest in the proposed changes to make whatever constructive comments that can possibly show the flaws, or the positive points, of any of the proposed FMLA changes. You will have until April 11, 2008 to submit any comments. The "Final Rules" could possibly come out as early as Summer, 2008.

Home Page

Site Links

Net Links

Why "Flame"?

Contacts

Updated on: February 19, 2008 04:20:54 PM

To return to the WebLinks page, click here!