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Frequently Asked Questions

What is the role of the Department of Labor in the implementation of the FMLA?

The Department of Labor plays a crucial role in the implementation of the Family and Medical Leave Act (FMLA). The Department of Labor is responsible for ensuring that employers comply with the provisions of the FMLA. This includes ensuring that all public agencies, including schools and government entities at the local, state, and federal level, adhere to FMLA regulations. For private entities, the Department of Labor ensures that businesses with 50 or more employees and a minimum of 20 unpaid work weeks offered throughout the year comply with FMLA requirements. The Department of Labor also provides guidance to employers on how to implement FMLA. For instance, it urges employers to obtain a medical certification from the health care provider within the first fifteen days of an employee asking for FMLA. This is to verify the authenticity of the health condition. The Department of Labor also allows employers to contact the health care provider directly to confirm the legitimacy of the medical condition.

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