Department of Labor Accepting Comments on Proposed Changes to FMLA

Public comment period ends April 11

The U.S. Department of Labor is proposing changes to the Family and Medical Leave Act (FMLA) and is accepting public comment on the suggestions until April 11.  Among other changes, the proposals would enable employers to more effectively and lawfully enforce absence policies as well as streamline the process of verifying employee medical claims.

Proposed changes include:

1. Employee Notice: According to the Department of Labor, lack of advance notice (e.g. before the employee’s shift starts) for unscheduled absences is one of the biggest disruptions employers point to as an unintended consequence of the current regulations.  Currently, an employee can take unscheduled intermittent leave and then designate it as FMLA-related leave within two days after the absence.  The proposed change states that in unforeseen circumstances, an employee would be required to follow the employer’s established and customary call-in procedures when intending to claim the absence as FMLA time off in most cases.  Failure to do so could result in denial or delay of leave.
2. Medical Certification Process: If asked, employees are required to obtain a doctor certification stating that FMLA leave is necessary.  Currently, employers are prohibited from contacting the authorizing health care provider should the form require clarification.  The proposed changes would allow an employer to speak directly with the authorizing doctor should there be any discrepancies, streamlining the clarification process.

For a summary of all proposed changes, please visit the Department of Labor here .

Comment on the proposals will be accepted until April 11 and can be made here .