The one stop source for all your human resource needs
Home • Request Info
Become a Members
Member Login
Products
Newsletter
Partners
HR One Source Staff
About Us
Services
HR Audits
Employee Hanbooks
Job Descriptions
Compensation
Investigations
Outplacement
Training / E-Learning
Executive Search
Labor Relations
Employee Assessments
Other Services

 

Potential Changes in the Family and Medical Leave Act (FMLA)

 

The Department of Labor has requested suggestions from the public for changes in the Family and Medical Leave Act (FMLA).  Suggested changes could widen or narrow FMLA's coverage.  Either way you'll be affected.

 

The Family and Medical Leave Act, requires covered Employers to grant eligible employees up to a total of 12 weeks of leave in a 12-month period.  The FMLA’s impact on business is significant.  One group estimated the 2004 costs to business at $21 billion and reported 24 million workers took FMLA leave over an 18-month period.

 

Changes proposed for FMLA include:

1.                  Expand coverage to Employer with fewer employees.  The current threshold for private business is 50 employees.

 

2.                  A more workable definition of "serious health condition."  At present, it's an illness, injury, impairment, or physical or mental condition requiring in-patient care in a hospital or residential treatment facility, or one that keeps an employee off the job for 3 days or more, and also requires continuing treatment from a healthcare provider.  Employers’ would like to see changes to the regulation defining a serious health condition to reflect original congressional intent and clarify that leave for a serious health condition was not to cover short-term conditions for which treatment and recovery are brief.  For example, language could be added to the regulations to exclude common conditions or illnesses that are not serious, such as a mild case of the flu, or limiting FMLA coverage to serious health conditions that require more than 10 days off work, in effect cutting down the number of covered conditions, and forcing those employees who do take time to use it up more quickly.

 

3.                  Allowing greater communication between employers and doctors to determine the full nature of an employee's health condition and treatment.  Currently Employers are not allowed to contact the employees’ doctor.

 

4.                  Other hoped-for changes among employers include altering the regulation pertaining to intermittent leave.  Employers would like it to be revised to specify a minimal amount of FMLA leave that is designated as intermittent leave.  Some employees now take an hour or even minutes at a time, creating ongoing disruption of workflow.

 

5.                  There also may be clarification of the Health Insurance Portability and Accountability Act privacy rule and information needed for FMLA designation.  In addition, revised regulations may be issued regarding the interplay of workers’ compensation absences, light duty and FMLA leave.

 

6.                  Adding to the reasons FMLA leave can be taken, for example, allowing parents to attend conferences with their child's teacher.

If you have any questions regarding FMLA in your workplace, please contact Jack Lipovac or Clint Davis at HR-OneSource (515) 221-1718, lipovacj@hr-onesource.com or davisc@hr-onesource.com.

 

Back to the Newsletter

 Copyright © 2003-2007 HR-OneSource