Update (April 13, 2012): The deadline for submitted comments about the proposed rule change has been extended until April 30, 2012
The U.S. Department of Labor (DOL) is proposing a rule change that would affect how employers calculate leave time under the Family and Medical Leave Act (FMLA) and how employees are to be reinstated after FMLA leave.
If the proposed rule is finalized, employers will be required to calculate FMLA leave using the shortest increments they use to track work time. This is a return to the way the rules were written before a 2009 change that allowed employers to track FMLA leave the same way they track other forms of leave. For example, under the current rule an employer can calculate leave time in one-hour increments if it requires employees to take other forms of leave in one-hour increments — even if the employer uses shorter increments to calculate work time. Under the new rule, if an employer tracks work time in shorter increments, it will have to track FMLA leave in those increments.