Labor Department Requests Information on Paid Leave and the Family and Medical Leave Act (FMLA)

On July 16 and 17, the Department of Labor (DOL) released two Requests for Information (RFI) seeking feedback and data from stakeholders, such as small businesses, regarding their experience with paid leave and the Family and Medical Leave Act of 1993 (FMLA). Please note that these are two separate requests, and two separate dockets. 

Paid Leave: For purposes of this information collection, paid leave refers to paid family and medical leave to care for family members, or for one’s own health. The RFI seeks feedback on a variety of topics, such as how requirements for paid leave would economically impact small businesses, small non-profits, or small governmental jurisdictions with a population of under 50,000. What are the costs and benefits, and are there alternatives that would minimize these impacts?   Comments to DOL are due on September 14, 2020.

Family and Medical Leave Act (FMLA): The FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons.  Covered employers include private sector employers with 50 or more employees in certain circumstances.  DOL is seeking feedback on the definition of a serious health condition, leave taken in an intermittent basis, employee notice for leave, and health care certifications.   The RFI also seeks information regarding specific challenges and best practices that employers experience in administering FMLA leave.  Comments to DOL are due by September 15, 2020.