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Archived News Release--Caution:
information may be out of date.
For more information call: 202/219-8743.
Final regulations for the Family and Medical Leave Act of
1993 (FMLA) are published in today's Federal Register. The rules will take
effect 30 days after publication.
While largely unchanged from the interim final regulations
previously published, the final regulations include revised definitions of
terms such as "serious health condition" and "health care provider";
clarification of employers' responsibilities on designation of FMLA leave; and
information responding to employers' questions about medical certification.
The final rules incorporate suggestions from more than 900
public comments received by the Labor department during the six- month public
comment period on the interim rules. The FMLA, which became effective on Aug.
5, 1993, covers private employers with 50 or more employees, employees of
public agencies and employees of local public or private schools.
Efforts will continue to educate both employees and
employers about their rights and responsibilities under the law.
The FMLA allows eligible employees to take up to 12 weeks
of unpaid, job-protected leave during a 12-month period for the birth of a
child and to care for the newborn; placement of a child for adoption or foster
care; care of a spouse, child or parent with a serious health condition; or an
employee's own serious health condition.
- changing the definition of "serious health condition" to clarify the
circumstances under which employees with chronic health conditions are not
required to see a health care provider during FMLA absence;
- amending the definition of "health care provider" to include clinical
social workers; any health care provider recognized by the employer or the
employer's group health plan benefits manager as authorized to provide
certification of a serious health condition for claims; and health care
providers in countries outside the U.S.;
- clarifying employers' responsibilities in designating leave as FMLA
leave and employees' responsibilities in giving notice of FMLA leave;
- defining actions employers may not take to avoid granting FMLA leave
to employees;
- allowing an employer's health care provider to contact the employee's
health care provider for clarification of the medical certification, but
continuing to prohibit requests for additional information; and
clarifying the FMLA's relationship with federal and state
anti-discrimination laws, particularly the Americans with Disabilities Act, and
workers compensation laws.
Assistant Secretary of Labor for Employment Standards
Bernard E. Anderson said, "We take very seriously our responsibility to protect
workers and their families. We are proud of our record in successfully
resolving more than 90 percent of the violations of FMLA since the law went
into effect. We think this is partly attributable to the outreach and education
efforts we put forth and, with these changes, this effort will be
continued."
Single copies of new regulations and a fact sheet, which
may be reproduced, are available from local offices of the U.S. Department of
Labor's Wage and Hour Division.
Archived News Release--Caution:
information may be out of date.
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