Family leave act proposals are minor

Federal regulators have proposed relatively minor changes to the popular Family and Medical Leave Act, a relief for advocates who had feared a sweeping rewrite that would have made it difficult for people to take advantage of it.

The proposals, released this month by the Labor Department, would give employers more leeway to verify that people taking medical leave were actually sick. The proposals would impose other restrictions that business groups said might curb what they saw as a major problem: employees who leave their bosses short-handed on short notice.

Regulators didn’t propose any change to the broad definition of the medical conditions for which people can take unpaid leave under the act, disappointing employers who contend that too many workers invoke the act to stay home with a bad head cold or sore back.

Complaints from employers sparked the months-long review of the act, which guarantees a worker 12 weeks of unpaid leave for a major illness or the birth or adoption of a child or to nurse an ailing relative. The time can be used in one block -- to bond with a newborn, for example -- or the days taken as needed for cancer treatment or to deal with other chronic or emergency medical problems.

“Generally the law is working well,” said Victoria Lipnic, assistant secretary of labor for employment standards. “It is certainly highly valued by workers and by employers who believe it’s good workplace policy.”

But Lipnic said “updates and targeted improvements” were necessary.

The proposed rules would allow employers to ask workers -- or their doctors -- to more fully document the nature of an injury or illness and estimated length of treatment and recovery. People with chronic medical conditions could be required to renew their leave request every six months if the full 12 weeks hadn’t been taken.

So-called intermittent leave has been a “real problem” for bus companies, airlines, emergency response centers and other employers that depend on a full complement of workers for every shift, said Marc Freedman, labor law policy director for the U.S. Chamber of Commerce. The chamber was among the business groups that pressed for changes.

Family advocates had feared that the proposals would be more onerous but were unhappy with some of them.

“Once you open the door to an employer being able to talk with someone’s healthcare provider, the potential for abuse is huge,” said Debra Ness, president of the National Partnership for Women & Families. In addition, she said, requiring workers to renew their leave requests would mean paying for additional doctor visits and more time away from work.

At the same time, Ness said, the Labor Department “left some very important protections in place.”

For instance, employers wanted a list of serious health conditions that make workers eligible for the unpaid leave. The proposed rules don’t change the current definition of a serious condition as one requiring at least three consecutive days of treatment and recovery. The condition also must meet other standards, such as requiring a physician’s care or hospitalization.

On balance, Ness said, regulators left important protections in place. “It could have been a lot worse.”

Freedman of the Chamber of Commerce agrees. “They’ve done some good things. I wish they’d done more,” he said.

The family leave law has been popular with workers, particularly to cover childbirth and adoption. The Labor Department estimates that 2.4 million Americans took advantage of the law in 2005. The federal law applies to companies with 50 or more employees, in effect excluding “mom and pop” operations.

Last month, President Bush signed a bill expanding the leave law by as many as six months for families of wounded military personnel.

In recent years, California and several other states have passed their own leave laws. The 2002 California Family Rights Act entitles new parents as many as 12 weeks to bond with their child. Under the state’s Paid Family Leave, six weeks of that time can be paid.

The Labor Department will take comments on the proposed rules before issuing final regulations this year. The comment period closes April 11. To submit comments, go to www.regulations.gov and enter “Family and Medical Leave Act” in the “Comment or submission” field.

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molly.selvin@latimes.com