iOn July 16, 2020, the U.S. Department of Labor Wage and Hour Division issued a Request for Information soliciting public comment about the regulatory interpretations of the Family and Medical Leave Act (“FMLA”). Specifically, the Request asks for input on what stakeholders would “like to see changed in the FMLA regulations to better effectuate their rights and obligations under the FMLA” as well as challenges experienced by employers and employees in connection with:
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Applying the definition of “serious health condition”;
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Allowing, seeking, and/ or taking intermittent leave;
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Requesting and notifying employers of the need for leave;
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The medical certification process (to the extent not addressed by the changes to the optional-use forms discussed below);
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Interpretations contained in the seven opinion letters addressing FMLA topics issued since 2018; and
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Any other specific challenges associated with administering or taking FMLA leave.
Along with the Request for Information, the agency issued revised FMLA forms for use by employers to document FMLA leaves. Apart from more accurately capturing information about anticipated future medical treatment, the revised forms contain few substantive changes. However, the revised forms are more streamlined and user friendly than previous versions as questions can be answered by checking a box instead of drafting a custom response and signatures can be provided electronically.
