No Revised FMLA Regulations Anytime Soon

CCH Labor and Employment Law is reporting:

The U.S. Department of Labor's (DOL) regulatory agenda for 2007 included plans to review the FMLA regulations in light of the U.S. Supreme Court's 2002 decision in Ragsdale v Wolverine Worldwide Inc, 145 LC ¶34,457 , 535 U.S. 81, among other things. However, it seems that, at least for now, no major overhaul, or even a minor one, of the regulations will be forthcoming.

Speaking before an audience of the National Employment Law Institute's 28th Annual Conference on Developments in Employment Law, attorney Ellen McLaughlin of the law firm Seyfarth Shaw, LLP, remarked that the DOL's December 2006 request for public comments, rather than issue proposed new rules puzzled many. It was even more surprising that in June 2007, the DOL released a lengthy analysis of the more than 15,000 comments it received, highlighting particular areas of conflict.

According to the DOL's analysis (see Wages-Hours ¶30,047), employers seem to have few concerns about the use of family leave for birth or adoptions. Rather, the use of unscheduled intermittent leave for medical appointments or treatments is most troubling to employers. Proper and sufficient medical certification is another area of concern--employees believe it is too burdensome, while employers rely on it to determine if an employee truly has a serious medical condition.

I think it is more likely that if a Democrat is elected President next year, the FMLA will see a much more thorough overhaul, including the incorporation of paid-time off provisions.

PS