| SHRM Files Comprehensive FMLA Comments |
On Friday, April 11, 2008, SHRM submitted comprehensive comments to the U.S. Department on Labor (DOL) on its proposed changes to the Family and Medical Leave Act (FMLA) regulations.
SHRM's comments reflected the advice we received from our members at six different "listening sessions" held in each SHRM region. SHRM addressed challenges that HR professionals face every day in implementing the FMLA. We also reinforced additional concerns that went beyond DOL's proposed rule changes. These included issues SHRM had communicated to Labor Department officials last year, but were not included in the proposed rule; i.e., including a definition of "serious health condition" and better ways of handling intermittent leave.
The proposed rule also addressed the new leave expansions for military families. SHRM commented on the need for clear guidance regarding leave for family members of persons in the military, and made suggestions on the appropriate "exigencies" that should qualify for leave and options for measuring the leave period.
While DOL's proposed new rules do not address all of SHRM's concerns, the Society believes the changes are a positive step that will improve FMLA administration for both employees and employers. To review the text of SHRM's submission, please click HERE.
In addition to SHRM's submission, many SHRM chapters and state councils submitted comments of their own, as did hundreds of individual members. As of this week, more than 700 comments generated by SHRM members have been reviewed and posted on the DOL regulatory webpage. Many more are expected to be added once they have been reviewed and catalogued by DOL staff.
In a related development, the National Coalition to Protect Family Leave, which SHRM chairs, also submitted comments on the new FMLA rules. The Coalition's comprehensive comments included input from other employer groups as well as individual companies. More than 100 independent organizations, including a number of SHRM chapters and state councils, signed on to the Coalition's comments, demonstrating strong interest by the HR and employer communities.
After reviewing the comments received, DOL is expected to revise and issue a final rule on the FMLA sometime this fall.
SHRM is most appreciative of the generous efforts by all members, state councils and chapters on this issue! |
| Legal & Regulatory Developments |
April 2008 Washington, D.C., Insider
SHRM Files Amicus Brief in the 10th Circuit Court of Appeals Case
The case of ConocoPhillips Company v. Henry arises out of an Oklahoma state law, passed in 2004, that sought to prevent any “person, property owner, tenant, employer or business entity” from establishing a policy to prohibit any person from transporting or storing firearms in a locked vehicle on company property. The law would effectively deny employers the right to exclude firearms from their property.
In its brief, SHRM argued that employers should have discretion in determining the correct safety policies for their individual workplaces. Specifically, SHRM argued that under OSHA’s “general duty” clause, employers are required to provide employees with a safe and hazard-free workplace; a position advanced by the District Court judge who struck down the Oklahoma law, concluding that it conflicted with OSHA. The State of Oklahoma appealed this ruling to the Tenth Circuit Court of Appeals.
At the appellate court level, SHRM was by the HR Policy Association, the Equal Employment Advisory Council, the National Federation of Independent Business Legal Foundation, and the College and University Professional Association for Human Resources. |
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