Family Medical Leave Act

The Department of Labor (DOL) has issued a report summarizing the comments it received about the effectiveness of the Family Medical Leave Act (FMLA) regulations. On December 1, 2006, DOL requested comments from the public regarding the FMLA regulations and received 15,000 responses. Proposed regulations are not included with this report, which DOL acknowledges is a "unique step." Rather this report is intended "to provide fuller discussion among all interested parties and policymakers about how some of the key FMLA regulatory provisions and their interpretations have played out in the workplace." According to DOL the "overwhelming majority" of comments addressed (1) gratitude from employees who have used FMLA; (2) a desire for expanded benefits; and (3) employer frustration about maintaining staff levels and controlling attendance related to unscheduled intermittent leave by employees with chronic health problems. The report covers comments related to: the employee perspective, Ragsdale decision/penalties, serious health condition, unscheduled intermittent leave, notice, interplay of FMLA and ADA, transfer to an alternative position, substitution of paid leave, joint employment, and data on FMLA coverage, use, and impact.

72 Fed. Reg 35,550 (June 28, 2007)
[DOL report]
[Request for information]