Department of Labor Proposes Comprehensive Changes to Family and Medical Leave Act Regulations

As we previously reported, on February 11 the U.S. Department of Labor (DOL) issued proposed regulations under the Family and Medical Leave Act of 1993 (FMLA) that are subject to a 60-day public comment period. We have now reviewed the proposal in detail, and provide a more in-depth analysis of the most significant provisions.

As a general matter, the proposed regulations make many changes, albeit technical ones, to the existing regulatory landscape. While some of the clarifications, if finalized, may enable employers to better manage FMLA use and prevent abuse, the proposal stops short of the major overhaul that many employers had hoped for.

In any event, we expect an active comment period, which expires on April 11. Employers should consider commenting not only on the provisions they are not happy with, but also on those that they support, as DOL is likely to receive many comments to attempting to dissuade it from moving forward with any of the reforms viewed as “employer friendly.” Moreover, if there should be a Democratic administration as a result of the upcoming presidential election, employers may see a paid-leave mandate over the next four years, which will make some of the “employer friendly” technical changes that have been proposed even more critical to employers.

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