July 17 -- Through its Wage and Hour Division (WHD), the Department of Labor (Department) seeks information from the public regarding the regulations implementing the Family and Medical Leave Act of 1993 (FMLA or the Act). The Department is publishing this Request for Information (RFI) to gather information concerning the effectiveness of the current regulations and to aid the Department in its administration of the FMLA. The information provided will help the Department identify topics for which additional compliance assistance could be helpful, including opportunities for outreach to ensure employers are aware of their obligations under the law and employees are informed about their rights and responsibilities in using FMLA leave. The RFI is available at
https://www.federalregister.gov/documents/2020/07/17/2020-14873/family-and-medical-leave-act-of-1993
The results of employee and employer surveys show an ongoing need for education and awareness in the administration and use of FMLA leave. Information from the public on what is and is not working well in the administration of the FMLA can further inform and guide the Department in issuing modernized tools to aid in understanding and applying the FMLA. As such, the Department seeks input from employers and employees on the current FMLA regulations, specifically:
What would employees like to see changed in the FMLA regulations to better effectuate the rights and obligations under the FMLA?
What would employers like to see changed in the FMLA regulations to better effectuate the rights and obligations under the FMLA?
The Department invites interested parties who have knowledge of, or experience with, the FMLA to submit comments, information, and data to provide a foundation for examining the effectiveness of the current regulations in meeting the statutory objectives of the FMLA.
The Departments lays out a series of questions on six topics:
1. Regulatory definition of serious health condition
2. FMLA leave on an intermittent basis or reduced leave schedule
3. Employee providing 30-day advance notice of need to take FMLA leave
4. Certification from health care provider
5. Need for additional guidance on seven opinion letters on FMLA topics issued by the Department since April 2018
6. Other FMLA challenges experienced by employers or employees
Point of contact: Amy DeBisschop, Director, Division of Regulations, Legislation, and Interpretation, WHD (202) 693-0406 debisschop.amy@dol.gov
