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ARTICLE · 25 FEBRUARY 2008

Labor Department Set To Implement Broad Changes To FMLA Regulations

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On February 11, 2008, the Department of Labor issued proposed changes to regulations governing the enforcement of the Family and Medical Leave Act.

United StatesEmployment and HR
Bracewell LLP
Bracewell LLP

Labor and Employment Update

On February 11, 2008, the Department of Labor issued proposed changes to regulations governing the enforcement of the Family and Medical Leave Act. The proposed rules were promulgated largely in response to court decisions interpreting current FMLA regulations, as well as issues raised by employer and employee advocates.

Spanning hundreds of pages, the Department of Labor's proposed rule revisions cover a wide array of topics and have the potential to clarify the FMLA and make it easier for employers to administer. The proposed changes include the following:

Medical Certification Requirements

  • Once an employee requests leave or the employer learns that the leave may fall under the FMLA, the employer would have five business days instead of two business days to provide the employee with notice of eligibility.

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