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Much Anticipated Proposed Revisions to FMLA Regulations Released

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The Department of Labor has released long-awaited proposed revisions to the Family and Medical Leave Act regulations. If adopted, the changes would alter significantly many current FMLA procedures. The proposed regulations were prompted in part by continued tension between employers and employees concerning intermittent leave and the Supreme Court's 2002 Ragsdale v. Wolverine Worldwide Inc. ruling, which invalidated a DOL regulation that penalized employers for failure to comply with the technical employee notice provisions of the FMLA regulations.

Employers and employees now have 60 days, until April 11, 2008, to consider and comment on the proposed changes. The proposed regulations were accompanied by a mammoth report explaining the reasoning and intent of the changes. They also clarify and/or seek comment on provisions of the recently enacted FMLA Amendments granting leave to military families. (See related article "FMLA Amendments Extend Leave to Families of Servicemembers".)

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