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DOL Seeks Public Input on FMLA Regulations

The U.S. Department of Labor (DOL) has issued a Request for Information (RFI) about federal Family and Medical Leave Act (FMLA) regulations. The RFI, released July 16, 2020, invites interested parties who have knowledge of or experience with the FMLA to submit comments, information, and data on the effectiveness of the regulations in meeting the objectives of the statute.

Areas of Particular Interest

According to the RFI, the DOL is especially interested in learning about challenges employers and employees face when:

  1. Applying the regulatory definition of a serious health condition;
  2. FMLA leave is taken on an intermittent basis or on a reduced leave schedule;
  3. Employees request leave or notify their employers of their need for leave; and
  4. Complying with the medical certification process.

The RFI also requests feedback on whether additional guidance on recent DOL opinion letters about the FMLA would be helpful.

Information for Commenters

The deadline for submitting comments is Sept. 15, 2020. Comments are accepted by mail and electronically, but the DOL encourages online submission to www.regulations.gov.

Important Dates

July 16, 2020

DOL issues Request for Information on FMLA regulations. Input is particularly sought on five specific topics.

Sept. 15, 2020

Deadline for the submission of comments. The DOL accepts comments electronically and by mail, but electronic submissions are encouraged.

The DOL is especially interested in challenges faced by employers and employees in four identified areas of FMLA administration.

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