SHRM Issues Statement on DOL Final Rule on FMLA

Feb 5, 2013

ALEXANDRIA, Va., Feb. 5, 2013 — The Society for Human Resource Management (SHRM) is pleased that the Department of Labor heard concerns raised by HR professionals that the department not return to a rule requiring employers to track very small increments of leave as part of the Family and Medical Leave Act (FMLA).

In April 2012, SHRM submitted comments to DOL focused on changes in how leave is measured because, unlike family leave, unscheduled intermittent leave is disruptive to the workplace and difficult for employers to administer.

Along with SHRM comments, HR professionals from across the country expressed their concerns about the proposed changes by writing to the DOL. In a final rule released today, DOL said almost 90 percent of the comments on the rule came from SHRM members. These HR professionals weighed in on the rule because they want to improve FMLA implementation in their workplaces.

Tracking intermittent leave for medical reasons has long been a challenge and confusing for employers. In SHRM’s research FMLA and its Impact on Organizations, 73 percent of HR professionals surveyed reported challenges with tracking intermittent leave.

SHRM supports the spirit and intent of FMLA. But regulations guiding its implementation need to best reflect the realities of the workplace.

Since its enactment in 1993, the FMLA has guaranteed invaluable work and family flexibility for millions of Americans, allowing employees to feel secure in their jobs while attending to important personal and family needs.

The increment provision was part of a larger rule to implement the Airline Flight Crew Technical Corrections Act and the Fiscal Year 2012 National Defense Authorization Act.

The Society’s comments from April are available on SHRM Online at

MEDIA: For more information, contact Kate Kennedy at and 703-535-6260 or Julie Malveaux at and 703-535-6273.

About the Society for Human Resource Management

The Society for Human Resource Management (SHRM) is the world’s largest association devoted to human resource management. Representing about 260,000 members in more than 140 countries, the Society serves the needs of HR professionals and advances the interests of the HR profession. Founded in 1948, SHRM has more than 575 affiliated chapters within the United States and subsidiary offices in China and India. Visit SHRM Online at or follow SHRM @SHRMPress.


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