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ESARulemakingESA-2008-0001

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

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National Federation of Independent Business filings
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National Federation of Independent Business filed 1 comment on this docket between Apr 13, 2008 and Apr 13, 2008. 353 other organizations filed here. The comment window closed 6682d ago.

What National Federation of Independent Business filed (1)

Apr 13, 2008· National Federation of Independent Business/National Federation of Independent Business Small Business Legal Center (Duplicate Submission Sent via E-Rulemaking Portal)· ESA-2008-0001-1531

April 11, 2008 Mr. Richard M. Brennan Senior Regulatory Officer Wage and Hour Division Employment Standards Administration U.S. Department of Labor Room S—3502 200 Constitution Avenue, NW Washington, DC 20210 Re: Notice of Proposed Rulemaking for the Family and Medical Leave Act of 1993 Dear Mr. Brennan: The National Federation of Independent Business (NFIB) and the NFIB Small Business Legal Center hereby submit these comments on the Notice of Proposed Rulemaking (NPRM) for the Family and Medical Leave Act of 1993 (FMLA) published on February 11, 2008. NFIB is the nation's leading small business association, with offices in Washington, D.C. and all 50 state capitals. Founded in 1943 as a nonprofit, nonpartisan organization, NFIB's mission is to promote and protect the right of its members to own, operate and grow their businesses. The NFIB Small Business Legal Center, a nonprofit, public-interest law firm established to be the voice for small business in the nation's courts and the legal resource for small business, is the legal arm of NFIB. NFIB and the Legal Center appreciates that DOL acknowledged, in both the Report on the Request for Information (RIF) and in this NPRM, many of the burdens and difficulties that employers face when administering the FMLA. We believe some of the proposed changes will ease the burdens of the FMLA on employers. Serious Health Condition First, NFIB is pleased to see the inclusion of two definitions that will help establish what constitutes continuing treatment for a period of incapacity or a chronic condition. Previously, determining the meaning behind these terms had vexed small businesses as employers are unable to verify the medical necessity of the absence. The revised language in newly renumbered 29 C.F.R. § 825.115 will better define what constitutes "continuing treatment" for a period of incapacity or for a chronic condition. NFIB strongly supports the proposal that a period of incapacity requires treatment two or more times by a health care provider within a 30-day period. NFIB also supports the proposal that would require an employee with a chronic condition to visit a health care provider at least twice a year. These changes would provide greater clarity and help reduce confusion on the part and the employer and employee. Bonuses/Perfect Attendance NFIB is pleased to see that DOL has, under § 825.215(c)(2), revised a previous stipulation that the taking of FMLA leave could not result in the loss of any benefit that accrued prior to the date the employee's leave commenced. As NFIB mentioned in its submission to DOL for the January 2007 RIF, this provision rendered employers' perfect attendance awards virtually meaningless. Employees were able to use FMLA to be absent from work yet still collect such awards — destroying the incentive for employees that actually did come to work everyday. The new rule allows an employee with FMLA absences to be disqualified from attendance awards. Waiver of FMLA Rights Small employers are pleased that DOL addressed previous court rulings holding that an employee could not waive his or her FMLA rights — even retroactively — as part of a severance package, without getting DOL approval. NFIB supported DOL's previous position that a settlement could be reached by the employer and employee without DOL approval, and was happy to see the NPRM include such language. Allowing settlements without DOL approval will simplify the settlement process and make it cheaper for everyone involved. Notification Requirements – 29 C.F.R. § 825.300 With regard to an employer's responsibility to notify an employee about eligibility for and designation of leave as FMLA qualifying, NFIB is pleased to see that the timeframe for doing so would be extended from two business days to five. This timeframe still provides the employee with timely notification and designation. Yet the additio…

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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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Family and Medical Leave Act Notice of Proposed Rulemaking 29 CFR Part 825 (ESA) — National Federation of Independent Business | OpenPolis