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FMLA Developments

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The U.S. Department of Labor (DOL) announced in the Feb. 16 Federal Register that it has extended the deadline for comments on the most recent proposed changes to the Family and Medical Leave Act (FMLA) implementing rules from April 16 to April 30, 2012. This is good news for SHRM members who would like to submit their own comments to DOL about the proposal. So far, almost 350 SHRM members have submitted comments to DOL.

In addition to implementing changes to the FMLA enacted by Congress dealing with caregiver leave for family members of wounded veterans, the proposed rule changes the way employers would track FMLA leave when an employee uses intermittent or reduced schedule leave, eliminating an employer’s limited flexibility to use different increments of FMLA leave at different times of the day or shift. DOL also is proposing changes to section 825.205(a)(2) addressing situations where it is physically impossible for the employee to return to work, signaling that the agency may eliminate this provision altogether.  

If you have not already done so, please consider submitting your own comments to DOL on these changes. You can access a copy of the alert and instructions on how to do so by visiting HERE.

To date, 27 SHRM chapters and 17 state councils have also lent their support as a signatory to SHRM’s official comment letter to be submitted to DOL by the new April 30, 2012, comment deadline. Councils and chapters that have not yet signed on to SHRM’s comments, but would like to join, should send an e-mail to that includes the official name of your state council or chapter. The deadline for doing so is noon (ET) on Friday, April 27.

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