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U.S. Department of Labor Releases a Report on the Effectiveness of the Family and Medical Leave Act (“FMLA”) Regulations

U.S. Department of Labor Releases a Report on the Effectiveness of the Family and Medical Leave Act (“FMLA”) Regulations

On June 27, 2007, the U.S. Department of Labor (“DOL”) released the Family and Medical Leave Act Regulations: A Report on the Department of Labor’s Request for Information (“the Report”). In December 2006, the Department issued a Request for Information on the effectiveness of the Family and Medical Leave Act (“FMLA”) regulations. The Report was published in the Federal Register. See 72 Fed. Reg. 35,550 (June 28, 2007). To view a copy of the report, please click here

The Report summarizes in great detail case law and the comments that were submitted after a lengthy public comment period on the current regulations on the FMLA. The Report includes an executive summary that provides background on the FMLA and a summary of each chapter. The summary also discusses “recurring themes” which include: (1) concerns with unscheduled intermittent FMLA leave by individuals who have chronic health conditions; (2) problems with the medical certification process and communication about health conditions; and (3) the rights and responsibilities of employees and employers in complying with the FMLA.


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