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DOL/ESA RIN: 1215-AB35 Publication ID: Fall 2008 
Title: Family and Medical Leave Act of 1993; Conform to the Supreme Court's Ragsdale Decision 
Abstract: The U.S. Supreme Court, in Ragsdale v. Wolverine World Wide, Inc., 535 U.S. 81 (2002), invalidated regulatory provisions issued under the Family and Medical Leave Act (FMLA) pertaining to the effects of an employer's failure to timely designate leave that is taken by an employee as being covered by the FMLA. The Department will address this and decisions of other courts in proposed revisions to the FMLA regulations. In addition, effective January 28, 2008, section 585(a) of the National Defense Authorization Act for FY 2008 (NDAA), Public Law 110-181, amended the FMLA to permit an eligible employee who is the “spouse, son, daughter, parent, or next of kin of a covered servicemember” to take up to a total of 26 workweeks of leave during a 12-month period to care for the covered servicemember, defined as “a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.” The NDAA amendment to FMLA also permits an eligible employee to take up to 12 workweeks of FMLA leave for “any qualifying exigency (as the Secretary [of Labor] shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.” Regulatory amendments will be developed to address these new statutory provisions. 
Agency: Department of Labor(DOL)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 29 CFR 825   
Legal Authority: 29 USC 2654   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Request for Information  12/01/2006  71 FR 69504   
Request for Information Comment Period End  02/16/2007  72 FR 3775   
Request for Information Comment Report  06/28/2007  72 FR 35550   
NPRM  02/11/2008  73 FR 7876   
NPRM Comment Period End  04/11/2008    
Final Action  11/17/2008  73 FR 67934   
Final Action Effective  01/16/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Alexander J. Passantino
Acting Administrator, Wage and Hour Division
Department of Labor
Employment Standards Administration
200 Constitution Avenue NW., FP Building, Room S3502,
Washington, DC 20210
Phone:202 693-0051
Fax:202 693-1302