The U.S. Department of Labor has just announced that it is seeking public comments to consider in determining new or revised regulations interpreting and implementing the Family and Medical Leave Act. This is a golden opportunity for employers to detail problems experienced with the FMLA, to ask for clarifications in ambiguous areas, and to seek revisions of the DOL’s FMLA regulations. Although the DOL cannot amend the FMLA statute, it can, through new regulations, ease some of the burdens and answer some of the questions.

Examples of problem areas include (1) “intermittent leave” for “chronic” conditions; (2) determining what is or is not a “serious health condition;” (3) application of the FMLA to employer attendance policies and bonus programs that reward perfect attendance; and (4) the employer’s need for advance notice of absences and their duration.

We plan to put together presentations to be made to the DOL. These are due to the DOL by February 2, 2007. We urge you to share with us your concerns, frustrations, and wishes – and specific examples of problems -- with respect to the new FMLA regulations by contacting any of our employment lawyers.