What the Recent FMLA Changes Mean to You
by Rick Galbreath, SPHR
rick@performtogrow.com
Currently, about 46 percent of workers who take leave using the Family and Medical Leave Act (FMLA) do so without providing notice, according to a survey by the Society for Human Resource Management.
I’m sure some of you are not surprised by that statistic. The FMLA has been a source of contention and legal battles since its creation fifteen years ago.
In February, the Department of Labor proposed 447 pages of new regulations to the FMLA. These revisions are in response to many of the issues employers raised after the Labor Department asked for public comments in 2006.
Proposed regulations include:
· A definition of “serious health condition.” The DOL proposes that two visits to a health care provider must occur within 30 days of a period of incapacity. Chronic serious health conditions are defined as those that require at least two physician visits per year.
· Intermittent leave. The proposed rule clarifies that an employee taking intermittent leave must make a "reasonable effort," rather than an "attempt," to schedule foreseeable leave so as not to disrupt the employer's operations.
· Employer notice obligations. The proposal extends the time for employers to send out eligibility and designation notices from two business days to five.
· Employee notice obligations. Under the proposal, employees must inform their employer of the need for FMLA leave at least 30 days in advance, except in emergency cases.
· Medical certification. Employers must request a medical certification no later than five business days after an employee gives notice of the leave or, in the case of unforeseen leave, within five business days after the leave has commenced. Employees have 15 calendar days to submit a medical certification. The proposal allows direct contact between the employer and the employee's doctor to verify medical certification for FMLA leave.
· The proposal also addresses but does not outline rules for implementing expanded leave for military families.
While many individuals praise the proposed revisions as beneficial to employers, others spot problems.
Some common criticisms of the proposed changes include:
· An invasion of privacy. Many feel that it is unethical for there to be direct contact between an employer and their employee’s doctor.
· A heavier burden placed on low-income workers without health insurance. With stricter medical certification requirements, low-income workers may be the ones that suffer if they must wait hours for care at clinics and not see the same doctor from one visit to the next.
· Some argue that with the current economy, many families are struggling. In turbulent times, workers need the protection of the FMLA more than ever.
Whether you believe the FMLA needs tightening to avoid misuse or if you believe its protections need to be extended to address more businesses and their workers, one thing is clear: it’s important to stay informed and up-to-date regarding the FMLA changes and how they can impact you and your business.
Rick Galbreath, SPHR, is president and founder of Performance Growth Partners Inc., a full service organizational improvement firm specializing in HR audits, corporate outplacement services, customer service assessments, customer service training, supervisory training, employee surveys, employee handbooks, teambuilding programs and team training, on-call and project-based HR consulting services, outsourced HR services, employee retention programs, performance improvement programs, executive coaching, manufacturing process and operations improvement consulting, training and programs, safety assessments, safety training, strategic planning, employee retention program, performance improvement programs, interim executive placement, conference speaking, keynote addresses, business turnaround consulting and a wide range of other services. Contact Rick toll-free at (877) 739-4747 or e-mail him at rick@performtogrow.com.
© 2008 Performance Growth Partners Inc.
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