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January, 09 2007

DOL Asks for FMLA Feedback

The DOL recently issued some startling statistics and a call for help related to the Family and Medical Leave Act (FMLA). In 2005, more than 94 million Americans worked in FMLA-covered worksites and more than 6.1 million (6.5%) took FMLA leave. For an employer at the 50-employee threshold, that translates into an average of three-four FMLA leaves per year.

Clearly, FMLA is a law that no covered employer can ignore. Equally clear is the fact that the law is difficult to administer. The DOL has requested information from employers and employees on a variety of FMLA issues, including:

  • Employee eligibility
  • The definition of a “serious health condition”
  • Attendance policies
  • Different types of leave, especially unforeseen, intermittent leave
  • Light duty
  • Notices between employers and employees
  • Medical certification
  • Leave determinations after the Supreme Court’s Ragsdale v. Wolverine World Wide decision

The deadline for public comments is Friday, February 2, 2007. You may send comments to the DOL via mail, e-mail or fax. Infinisource is currently reviewing whether to submit comments on behalf of our clients. For a copy of the DOL’s request, which contains contact information, go to: www.dol.gov/esa/whd/06-9489.pdf.

At Infinisource, we know first-hand the challenges of FMLA administration. On Tuesday, January 16, we will present our FMLA webinar, “The Many Faces of FMLA,” that covers all the major aspects of FMLA. On Thursday, February 15, we will present a new FMLA webinar on intermittent leave. The DOL stated that about 1.5 million workers take intermittent leave each year. For more information on these and other webinars/seminars, please contact our Seminars Department at seminars@infinisource.net or 800-300-3838.

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