The Department of Labor (DOL) has initiated a process that could lead to changes in the regulations implementing the Family and Medical Leave Act (FMLA). The U.S. Chamber, in response to DOL's request for information, will submit comments detailing employer problems with FMLA regulations by the February 2, 2007, deadline.

"FMLA's vague, expansive, and confusing regulations are overdue for a review," says Marc Freedman, director of labor policy at the Chamber. "The Labor Department must act now to close these regulatory loopholes."

Employers have had the greatest difficulty with medical leave taken under the act, as opposed to family leave for the birth or adoption of a baby. Tracking intermittent leave (leave taken in small increments) and the expansive definition of a serious health condition are particularly troublesome. Under current DOL interpretations, even such common ailments as a cold can qualify as a "serious health condition." The regulations' lack of clarity has led to increased costs in replacing employees and a rise in litigation and paperwork.

DOL's request for information is the first action it's taken to address problems associated with FMLA regulations. The Chamber will file comments individually and as part of the National Coalition to Protect Family Leave.

"We've realized we need some fresh information and fresh thinking on the issues that have developed over nearly a dozen years since the regulations were implemented," says Victoria Lipnic, assistant secretary of Labor for employment standards.

Enacted in 1993, FMLA ensures that employees receive up to 12 weeks of unpaid leave after the birth or adoption of a child, for a serious health condition, or to care for a family member with such a condition. The act applies only to employers with 50 or more employees.

Share your comments about FMLA regulations by e-mailing Marc Freedman at mfreedman@uschamber.com.