The DOL's proposed changes to the FMLA regulations fall under three broad categories:

• Infringement upon privacy of medical information. Under the proposed changes, after seeking permission from the employee, the employer may directly contact the employee's medical doctor to clarify information. In the current law, the employer may not directly contact the medical doctor. Employers must designate a health professional to make such contact.

• Increased burdens upon workers to access FMLA leave such as:

• Increasing the number of medical visits that the workers will be required to pay for either outright or through co-pays,
• Requiring additional medical certification forms that the workers must pay their health care providers for,
• Limiting the use of accrued paid leave. Currently, workers are able to use their earned paid leave while on FMLA. The proposed regulation will require workers to follow their employer's rules for using paid leave; and

• Relaxation of requirements upon employers as to when they must allow workers to use FMLA leave. Under the proposed regulations, workers will have less time to provide notice and will be required to provide their employer more information than previously required when requesting leave.

There are two proposed positive changes:

• "Light duty," such as temporarily moving a person from factory floor work to administrative work, would no longer count toward the FMLA leave time (12 weeks). Under current FMLA regulations, workers who accept "light duty" assignments have the time that they work on light duty counted against their 12 weeks to be reinstated to their regular position; and
• Employers must provide more detailed information about FMLA rights to employees.

These positive changes, however do not outweigh the unacceptable proposed restrictions that would make it much more difficult for workers to take leave under the FMLA.