In our December 18, 2006 update, we reported that the U.S. Department of Labor (“DOL") was seeking comments on the regulations issued under the Family and Medical Leave Act (“FMLA") and in our March 12, 2007 update, we discussed the variety of comments the DOL was receiving. On June 27, the DOL issued its 90-page report on the 15,000 comments it received. But the DOL emphasized that the report was not an immediate prelude to proposed regulations. Instead the DOL official announced that the report "provides a ground-work for more discussion about the FMLA and helps all sides face some hard truths about the disagreements over the law." The report noted the FMLA is generally operating well, but noted the obvious competing considerations between employee and employer. From the employee's perspective, a desire for expanded coverage of the FMLA was expressed. For the employer, there is a desire to curb what employers perceive as administratively burdensome requirements. For example, the report cited medical certification and intermittent leave, calling intermittent leave "the single most serious area of friction between employers and employees seeking to use FMLA leave."
A copy of the report can be found on the DOL website at: http://www.dol.gov/esa/whd/