Proposed FMLA Regulations

On February 11, 2008, the United States Department of Labor (the "DOL") issued a voluminous Notice of Proposed Rule-Making, in which it proposed revisions to a number of the regulations implementing the FMLA.  

One of the key proposals is for a new Section 825.110(b)(1), which would provide that, although the 12 months of employment required for leave eligibility need not be consecutive, employment prior to a continuous break in service of five years or more need not be counted.  Another proposed change would permit employees and employers to voluntarily settle past claims without first obtaining permission or approval from the DOL or a court. 

The Department of Labor has solicited comments on the Proposed Rule-Making, which must be submitted by April 11, 2008. 

Click here for the Notice, and the specific regulations that the Department of Labor is proposing to revise.