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Statement of Need: The FMLA requires covered employers to grant eligible employees up to 12 work weeks of unpaid, job-protected leave a year for specified family and medical reasons, and to maintain group health benefits during the leave as if the employees continued to work instead of taking leave. When an eligible employee returns from FMLA leave, the employer must restore the employee to the same or an equivalent job with equivalent pay, benefits, and other conditions of employment. FMLA makes it unlawful for an employer to interfere with, restrain, or deny the exercise of any right provided by the FMLA. The President signed the National Defense Authorization Act for FY 2010 and the Airline Flight Crew Technical Corrections Act on October 28, 2009, and December 21, 2009, respectively. The Department is reviewing the implementation of these statutory amendments and other revisions of the current regulations.

Summary of the Legal Basis: These regulations are authorized by section 404 of the Family and Medical Leave Act, 29 U.S.C. 2654.

Alternatives: After completing a review of the implementation of the recent statutory amendments to the FMLA regulatory alternatives will be developed for notice-and-comment rulemaking.

Anticipated Costs and Benefits: Preliminary estimates of the anticipated costs and benefits of this initiative will be determined once regulatory alternatives are developed.

Risks: This rulemaking action does not directly affect risks to public health, safety, or the environment.