Most Workers Support Proposed Modifications To FMLA Rules
In the wake of a proposal by the U.S. Department of Labor (DOL) to amend the Family and Medical Leave Act (FMLA) to make administering leave easier for employers, results of a recent survey by the National Coalition to Protect Family Leave suggest that a majority of workers support many of the concepts embodied in the rule changes.
Enacted in 1993, the FMLA requires that businesses with more than 50 employees provide up to 12 weeks of unpaid leave for childbirth, adoption, or illness of an employee or family member. Since the FMLA went into effect, many employers have complained that the current rules make it too easy for employees to take FMLA leave without giving adequate notice or justification for their absences.
The proposed changes to FMLA regulations, released by the DOL in February, would, for example, require employees to give employers advance notice whenever possible before taking leave and to provide employers with more information about their health or other circumstances than is currently mandated. The amendments would also allow employers to contact an employee’s physician directly to verify the employee’s medical condition, as well as permit employers to discuss with an employee whether a serious health condition should be classified as a disability. If approved following the comment period, the new regulations are expected to go into effect before the end of the year.
The Coalition’s survey of 1,000 registered voters showed that 71% of respondents consider the policies regarding time off in their own workplaces to be mostly fair, with just 20% calling their employer’s policies mostly unfair. However, 46% of respondents said they have on at least one occasion suspected a co-worker of falsely claiming to be taking time off for family or medical reasons. More than one-third (34%) of respondents also said sporadic, unannounced FMLA leave taken by coworkers has made them less productive on the job.
“The FMLA has helped millions of American workers take the time off they need to address family or medical emergencies,” said Coalition representative Lisa Horn. “But the survey data shows that Americans also recognize the potential for FMLA misuse—particularly when it comes to sporadic, unscheduled leave.”
When asked if they believe some adjustments to the FMLA are needed, 52% of respondents said they approved of modifying the law, while just 28% said they think the law is working well in its current form. Results also showed that 88% of the adults surveyed support requiring employees taking intermittent FMLA leave to have their medical condition recertified by a physician every six months to a year, rather than permitting employees to continue taking FMLA leave after a single certification, as is currently allowed. Moreover, 73% of survey respondents agreed with the proposal that employers be allowed to speak to health care providers to ensure that employees are fit to return to work after taking FMLA leave.
“This survey revealed two critical facts about Americans’ attitude toward the FMLA,” said Horn. “First, Americans strongly support the FMLA and believe it provides important protections to American workers. Second, they also believe that after 15 years it’s time to take a step back and make some reasonable modifications to make the law work better for both employees and employers.”
