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ESARulemakingESA-2008-0001

Family and Medical Leave Act Notice of Proposed Rulemaking 29 CFR Part 825

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American Health Care Association (AHCA/NCAL) filings
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American Health Care Association (AHCA/NCAL) filed 2 comments on this docket between Apr 11, 2008 and Apr 11, 2008. 353 other organizations filed here. The comment window closed 6682d ago.

What American Health Care Association (AHCA/NCAL) filed (2)

Apr 11, 2008· American Health Care Association/National Center for Assisted Living (Duplicate Submission Sent via E-Rulemaking Portal)· ESA-2008-0001-1369

April 11, 2008 Mr. Richard M. Brennan Senior Regulatory Officer Employment Standards Administration U.S. Department of Labor Room S-5302 200 Constitution Ave., N.W. Washington, D.C. 20210 Re:29 CFR Part 825 The Family and Medical Leave Act of 1993; Proposed Rule RIN 1215-AB35 Dear Mr. Brennan: The American Health Care Association ("AHCA") and the National Center for Assisted Living ("NCAL") welcome the opportunity to provide comments to the Department of Labor ("DOL" or "Department") on the proposed revisions to the Family and Medical Leave Act ("FMLA") regulations. AHCA and NCAL represent more than 10,000 non-profit and for-profit providers dedicated to continuous improvement in the delivery of professional and compassionate care for our nation's frail, elderly and disabled citizens who live in long term care facilities, including nursing facilities, assisted living residences, subacute centers and homes for individuals with developmental disabilities. AHCA/NCAL are committed to performance excellence and participation in the "Advancing Excellence in America's Nursing Homes" and "Quality First" campaigns to improve quality of care and quality of life for those living or recuperating in long term care facilities. Our member facilities employ nearly one million workers, the majority of whom are front-line caregivers, such as nurses and nurses aides. AHCA/NCAL, on behalf of its more than 10,000 LTC employers, submits the following comments on DOL's request for comments on the Notice of Proposed Rulemaking ("NPR") for the Regulations implementing the FMLA. New Medical Certification Form – Appendix B In the Discussion accompanying the NPR, the Department noted that it had received significant stakeholder feedback stating that the current medical certification form is confusing and health care providers have often refused to complete the certification form, or have done so in an incomplete or confusing manner. Our members have experienced similar problems with the medical certification form, as currently constituted. In the Discussion, the Department specifically requested comment as to whether multiple forms would be more clear than the proposed revised form WH-380. It is our belief that multiple forms would be more clear for physicians and would more accurately identify circumstances where intermittent leave is necessary. AHCA/NCAL proposes that separate medical certification forms be created for an employee's own illness and that of a qualifying family member. We also recommend that a separate set of medical certification forms should be created to address chronic serious health conditions and intermittent leaves. The experience of our membership has been that physicians often rush through completion of the medical certification form because of its length. Completion of the form is not a reimbursable function of physicians' practice, and many physicians have the forms completed by the their administrative staff, who are not properly qualified to complete the medical certification form. It is a common experience to receive a medical certification form which indicates both the need for a "block" leave, as well a need for intermittent leave, even though it seems clear from the surrounding circumstances that only a "block" leave is needed. It has been the experience of our members that quite often physicians complete both sections of the form, even when the intent is only to authorize a "block" leave of absence. This ambiguity creates a great deal of confusion and frustration on the part of employers who are unable to determine if an employee is authorized for routine intermittent absences in addition to a "block" medical leave. By utilizing separate forms, it would be clear which form of leave, or both, the employee is requesting to be authorized by the physician. Call-Out Procedures/Notice of Need for FMLA Leave Our membership strongly supports the Department's proposed &…

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Apr 11, 2008· American Health Care Association/National Center for Assisted Living (Transmittal)· ESA-2008-0001-1370

The American Health Care Association ("AHCA") and the National Center for Assisted Living ("NCAL") welcome the opportunity to provide comments to the Department of Labor ("DOL" or "Department") on the proposed revisions to the Family and Medical Leave Act ("FMLA") regulations. AHCA and NCAL represent more than 10,000 non-profit and for-profit providers dedicated to continuous improvement in the delivery of professional and compassionate care for our nation's frail, elderly and disabled citizens who live in long term care facilities, including nursing facilities, assisted living residences, subacute centers and homes for individuals with developmental disabilities. AHCA/NCAL are committed to performance excellence and participation in the "Advancing Excellence in America's Nursing Homes" and "Quality First" campaigns to improve quality of care and quality of life for those living or recuperating in long term care facilities. Our member facilities employ nearly one million workers, the majority of whom are front-line caregivers, such as nurses and nurses aides. AHCA/NCAL, on behalf of its more than 10,000 LTC employers, submits the following comments on DOL's request for comments on the Notice of Proposed Rulemaking ("NPR") for the Regulations implementing the FMLA. Please see attachment for our specific written comments.

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Abstract

The Department of Labor (DOL) proposes to revise the regulations implementing the Family and Medical Leave Act of 1993 (FMLA), based on its experience of nearly fifteen years administering the law, two previous studies of the FMLA in 1996 and 2001, several U.S. Supreme Court and lower court rulings, and public comments received in response to a Request for Information published in December 2006 on the regulations. DOL also seeks public comment on issues to be addressed in the regulations regarding military family leave under the National Defense Authorization Act for FY 2008, which amended the FMLA effective January 28, 2008, to provide leave to eligible employees of covered employers to care for injured servicemembers and because of any qualifying exigency arising out of the fact that a covered family member is on active duty or has been notified of an impending call to active duty status in support of a contingency operation. DOL is including a description of the relevant military family leave statutory provisions, a discussion of issues that have been identified, and a series of questions seeking comment on subjects and issues that may be considered in the final regulations.

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Co-filers (353)

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