We recently filed written comment letters with the Department of Labor (DOL) in response to two separate “Requests for Information” (RFI) that the agency published a few weeks ago seeking stakeholder input on paid leave programs and the DOL regulations implementing the Family and Medical Leave Act (FMLA).
The comments regarding the paid leave RFI point to the inconsistent requirements of numerous state and local paid leave mandates and underscore the complexity of compliance for employers operating in multiple jurisdictions. In response, we recommend that DOL work to develop resources to facilitate harmonization across the board of paid leave mandates and highlight employer best practices that facilitate access to paid leave.
Our comments regarding the FMLA RFI urge DOL to amend its FMLA regulations to provide much-needed guidance on how employers can synchronize their FMLA obligations with the growing number of various federal, state, and local paid leave programs. The comments also urge DOL to conform the regulations to recognize that the traditional “but-for” causation standard applies to FMLA interference claims. Lastly, we remind DOL of the challenges employers face in administering intermittent leave.
Members of the Center for Workplace Compliance (CWC) can read more here.