Labor Department Publishes FMLA Proposals; Congressional Committee Chairs Criticize Changes

Main Category: Women's Health / Gynecology
Also Included In: Public Health
Article Date: 13 Feb 2008 - 9:00 PDT

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The Department of Labor Tuesday published its proposed new regulations governing the Family and Medical Leave Act, CongressDaily reports. According to CongressDaily, Senate Health, Education, Labor and Pensions Committee Chair Edward Kennedy (D-Mass.) and House Education and Labor Committee Chair George Miller (D-Calif.) issued statements "skewering" the proposal, claiming it would make it more difficult for workers to take leave under the law (Johnson, CongressDaily, 2/11).

The federal law currently requires businesses with 50 or more workers to offer employees who have worked at the business for one year -- or 1,250 hours -- 12 weeks of unpaid leave to care for an infant. The law also requires that unpaid leave be available for serious health conditions; to care for a newly adopted child; or to care for a seriously ill spouse, child or parent. Currently, employees can take two days off before requesting leave, but the proposed rule generally would require workers to call in to request leave before taking it (Daily Women's Health Policy Report, 1/25). The proposal also would require fitness-for-duty certification for some workers before they return from leave.

"This proposal clearly benefits employers at the expense of workers," Miller said, adding, "Given the Bush administration's track record over the last seven years of pushing policies that hurt American workers and their families, our committee intends to review these regulations with extreme care." DOL has opened a 60-day comment period on the proposal, after which the department will have the rest of the year to finalize the regulatory changes. According to CongressDaily, new regulations implemented by the department could have a "short life" under the administration of the next president. Victoria Lipnic, assistant secretary of employment standards at DOL, is scheduled to testify before a Senate HELP subcommittee Wednesday and a House Education and Labor subcommittee Thursday to discuss the proposal (CongressDaily, 2/11).

The proposal is available online in the Federal Register.

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