The Essential Guide to Family & Medical Leave

chapter 1 | AN ovERvIEW OF FAMILY AND MEDICAL LEAve | 3
Changes to FMLA Regulations
As this book goes to press, the Department of Labor (DOL) is considering whether to
revise its regulations interpreting the FMLA. These regulations provide many of the
guidelines for employers to follow when applying the FMLA in the real world, addressing
some of the details not addressed in the law itself. In December 2006, the DOL
asked the public to comment on a number of key provisions. The DOL is currently
considering these comments and may decide to revise the FMLA regulations—which
would change the rules you have to follow in applying the FMLA.
Some of the subjects that are up for discussion include:
• the definition of a “serious health condition” entitling an employee to FMLA
leave, particularly whether the regulations should require a longer absence before
the FMLA kicks in
• rules for using intermittent leave, including whether employees should be
required to take more time off at once (for example, a full or half day) than the
current regulations require
• medical certifications and fitness-for-duty reports (documents employers can
require employees to submit to prove they qualify for FMLA leave) including
whether changes are needed to comply with the Health Insurance Portability and
Accountability Act (HIPAA) and whether employers should be entitled to more
information than the current regulations allow
• employee notice requirements, including whether and in what circumstances
employees must comply with an employer’s usual requirements for using sick or
vacation leave, and
• employer notice requirements, particularly what happens when an employer fails
to designate leave as FMLA leave. We know there will be changes here, because
the United States Supreme Court already struck down the existing regulation in
Ragsdale v. Wolverine World Wide Inc., 535 U.S. 81 (2002) (see Chapter 7).
If and when the regulations change, some of the information in this book—which
relies on the regulations currently in effect—might become outdated. To get the latest
information on the regulations, register your purchase according to the instructions
at the back of the book, and we’ll send you an email notifying you of any changes. You
can also check Nolo’s website at www.nolo.com for the latest information.