On July 16, 2020, the U.S. Department of Labor (Department) announced a Request for Information (RFI) on the Family and Medical Leave Act (FMLA). This RFI solicits feedback on any specific challenges or best practices in the use or administration of FMLA leave.
In the RFI, the Department suggests broad questions for comments that are related to the definition of serious health condition, the use of intermittent FMLA leave, employee notice when seeking FMLA leave, and employer-required certification of an employee’s serious health condition to help frame responses. The RFI also provides a brief overview of seven recently issued opinion letters that pertain to the FMLA and seeks comments about whether it would be helpful to provide additional guidance regarding the interpretations contained in any of these letters through the regulatory process.
On July 17, 2020, the RFI will be published in the Federal Register with a 60-day comment period. The Department encourages interested parties to submit comments on the RFI by September 15, 2020.
Anyone who submits a comment (including duplicate comments) should understand and expect that the comment, including any personal information provided, will become a matter of public record and will be posted without change to www.regulations.gov. Any comment from an individual gathered and submitted by a third-party organization as a group to WHD and posted under a single document ID number on www.regulations.gov will likewise be posted without change, including any personal information provided.