The U.S. Department of Labor (DOL) has issued a Request for Information (RFI) about federal Family and Medical Leave Act (FMLA) regulations. The RFI, released July 16, 2020, invites interested parties who have knowledge of or experience with the FMLA to submit comments, information, and data on the effectiveness of the regulations in meeting the objectives of the statute.

Areas of Particular Interest

According to the RFI, the DOL is especially interested in learning about challenges employers and employees face when:
1. Applying the regulatory definition of a serious health condition;
2. FMLA leave is taken on an intermittent basis or on a reduced leave schedule;
3. Employees request leave or notify their employers of their need for leave; and
4. Complying with the medical certification process.

The RFI also requests feedback on whether additional guidance on recent DOL opinion letters about the FMLA would be helpful.

Information for Commenters

The deadline for submitting comments is Sept. 15, 2020. Comments are accepted by mail and electronically, but the DOL encourages online submission to

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This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.