Some Proposed Revisions
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Employer Notification: Rather than allowing employees to provide notice to an employer of the need for unscheduled FMLA absence up to two full business days after an absence, the law would require the employee to follow the employer's customary call-in procedure, which usually involves notifying the employer before the employee's shift starts.
Medical Certification: This proposal would allow direct contact between the employer and the health-care provider for purposes of clarification of a medical certification form as long as the requirements of the HIPAA medical privacy regulations are met. Employers may not ask health-care providers for additional information beyond that required by the certification form.
Fitness for Duty: The current FMLA regulations allow employers to ask employees who take leave to provide a certification that they are able to resume work. The proposal makes two changes to this fitness-for-duty certification process. First, an employer may specifically require that the certification address the employee's ability to perform the essential functions of the employee's job. Second, where reasonable job safety concerns exist, an employer may require a fitness-for-duty certification before an employee may return to work when the employee takes intermittent leave
