DOL Seeks Comments For New Proposed FMLA Changes

On February 11, 2008, the Department of Labor (DOL) issued a new set of proposed rules updating and amending the 15-year old Family and Medical Leave Act (FMLA). The proposed rules seek to amend the FMLA to reflect the breadth of judicial decisions and administrative opinions that have arisen since the FMLA's initial implementation. The proposed rules also incorporate the newly-passed Servicemen amendments to the FMLA (see article describing the new military amendments in this issue).

The DOL has announced that it will accept commentary on its proposed new regulations through April 11, 2008. As Wessels Sherman did with the first set of FMLA regulations, we will seek to shape the DOL's final rules to make more sense from a business perspective. As such, employers are encouraged to inform us of any and all concerns or recommendations that they might have regarding these proposed regulations, a link to which can be obtained by going to the DOL's website at www.dol.gov.

In order to properly analyze the legal issues concerning these proposed new rules and prepare recommendations to the DOL, Wessels Sherman will accept responses from employers through April 1, 2008. Anyone who is interested in submitting recommendations to the DOL, please contact us with any questions or comments regarding these new proposed rules.