FMLA Changes…Yea or Nay?
The current Family and Medical Leave Act (FMLA) states that covered employers must grant an eligible employee up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons:
- for the birth and care of the newborn child of the employee;
- for placement with the employee of a son or daughter for adoption or foster care;
- to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- to take medical leave when the employee is unable to work because of a serious health condition.
As of February 11, 2008, the Department of Labor published proposed changes to the FMLA that would, in the opinion of many employers, clarify some aspects of FMLA that have proved troublesome in the law’s 15-year history.
The changes are as follows:
Tightening of notice requirements from both sides. Employees would now have to let the boss know they need FMLA leave no later than the next day following a qualified need for the leave. Employees can take 2 days before they report to work. In addition, they’ll have to follow tighter call-in procedures. Employers will have to provide notice of FMLA rights annually, but will have longer to provide designation of leave – 5 days instead of the current 2 days.
Easing of medical certification. Under current law, employers are barred from contacting a worker’s health provider about the need for leave. The proposed changes would remove that restriction. Some employers have looked for this change so doctors have fuller information about the worker’s responsibilities and working conditions before making judgments on a worker’s need for time off.
Continuing treatment redefined. Employees can qualify as needing continuing treatment if they make two medical visits over any period of time, even months. The new changes would require those two visits in a 30-day period, making it more likely that there really is a serious condition present.
The U.S. Department of Labor publishes a draft in the Federal Register (that happened Monday) and allows a public comment period. If the time is not extended, employers have until April 11, 2008 to submit their thoughts to the Department of Labor.
Do you think this is fair for employees? Does it seem to infringe on the privacy of the employee concerning their medical conditions? Should employers have a right and be given that kind of power to call your health care provider to find out your medical condition and detailed reasons for a medical leave?
Tell us what you think by adding to the comments.
[...] Should Your Employer Know Your Medical Reasons For Taking FMLA leave By sharemystaff The current FMLA states that covered employers must grant an eligible employee up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons:. for the birth and care of the newborn … [...]
no i do not agree. the employer should not have the right to medical records. my privacy has been violated under the currant law. my employer has shared confidential information without my permission. if this law passes no one will be able to protect their privacy. i have trouble protecting mine as it is.
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