Family and Medical Leave Act Notice of Proposed Rulemaking 29 CFR Part 825

Docket ID: ESA-2008-0001
Agency: Employment Standards Administration (ESA)
Parent Agency: Department of Labor (DOL)
The Department of Labor (DOL) proposes to revise the regulations implementing the Family and Medical Leave Act of 1993 (FMLA), based on its experience of nearly fifteen years administering the law, two previous studies of the FMLA in 1996 and 2001, several U.S. Supreme Court and lower court rulings, and public comments received in response to a Request for Information published in December 2006 on the regulations. DOL also seeks public comment on issues to be addressed in the regulations regarding military family leave under the National Defense Authorization Act for FY 2008, which amended the FMLA effective January 28, 2008, to provide leave to eligible employees of covered employers to care for injured servicemembers and because of any qualifying exigency arising out of the fact that a covered family member is on active duty or has been notified of an impending call to active duty status in support of a contingency operation. DOL is including a description of the relevant military family leave statutory provisions, a discussion of issues that have been identified, and a series of questions seeking comment on subjects and issues that may be considered in the final regulations.
RIN: 1215-AB35
Impacts and Effects: Small Entities (Business, Governmental Jurisdictions, Organizations)
CFR Citation: 29 CFR 825
Priority: Economically Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Fall 2008
Agenda Stage of Rulemaking: Completed Action
Major Rule: Yes
Legal Authorities: 29 USC 2654
Legal Deadlines: None
Government Levels Affected: Federal, Local, State
Federalism Implications: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: No
Small Entities Affected: Business, Governmental Jurisdictions, Organizations
International Impacts: No
Energy Effects: No
Included in Regulatory Plan: No
ActionDateFR Citation
Request for Information12/01/200671 FR 69504
Request for Information Comment Period End02/16/200772 FR 3775
Request for Information Comment Report06/28/200772 FR 35550
NPRM02/11/200873 FR 7876
NPRM Comment Period End04/11/2008
Final Action11/17/200873 FR 67934
Final Action Effective01/16/2009
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Type: Rulemaking

Primary Documents

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Comment Period Closed
Apr 11, 2008 11:59 PM ET
Proposed Rule
Posted: 02/11/2008
ID: ESA-2008-0001-0001
Comment Period Closed
Posted: 01/23/2009
ID: ESA-2008-0001-4706
Comment Period Closed
Posted: 05/15/2008
ID: ESA-2008-0001-4659

Supporting Documents

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Comments Not Accepted
Supporting & Related Material
Posted: 02/11/2008
ID: ESA-2008-0001-0002
Comments Not Accepted
Supporting & Related Material
Posted: 02/11/2008
ID: ESA-2008-0001-0003


View All  (4,696)

Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Current Stage
Agency Contact
Alexander J. Passantino
Acting Administrator, Wage and Hour Division
202 693-0051
202 693-1302 (Fax)
200 Constitution Avenue NW. FP Building, Room S3502
Washington, DC 20210
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.