FMLA Changes
Update: New FMLA regulations issued by DOL on November 14, 2008
Ask any human resources professional which law causes the most problems day-in-and-day-out, and the majority will say the Family and Medical Leave Act. Almost since the law was first enacted in 1993, employers have been calling for changes to stem abuse and clarify the meaning of key terms, and employee groups have been lobbying for change as well. A little change may be about to occur, but that’s been promised before.
On January 24, the U.S. Department of Labor announced that under proposed new regulations, employees would have to call in to request FMLA leave before taking it, as opposed to the present situation where employees can take off two days before requesting leave. Employers had hoped for much more than this.
The DOL also reported that it’s drafting regulations to put into effect changes Congress approved for families of wounded veterans. Under the Defense Authorization Act, containing Congress’ first changes to the FMLA since 1993, family members would be allowed to take up to six months unpaid leave to care for wounded military personnel. This Act would also let employees take up to 12 weeks off “for any qualifying exigency” related to a family member’s call-up to active duty. President Bush has not yet signed this Act.
HR won’t find the meaningful changes they’ve hoped for in either the proposed regs or this Act. The FMLA needs a major overhaul, but that’s unlikely to happen in an election year and probably unlikely to ever happen. In fact, some presidential candidates are calling for an expansion of the law, and few politicians are likely to lobby for changes that will be described by labor and employee groups as a favor for big business. Meanwhile, the day-in-and-day-out struggles to comply with the FMLA by relatively small and mid-size businesses will continue.
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About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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Well, this post was not intended to be funny or liberal. Just the facts and a little opinion. But thanks for the comment–I guess.