U.S. Capitol Police: Comments Regarding Proposed Rulemaking Regarding Modifications of Regulations Under the FMLA as Applied Under Section 202 of the CAA – November 16, 2015
Posted November 16th, 2015
Dear Ms. Sapin:
Please accept these comments on behalf of the United States Capitol Police regarding the proposed rulemaking on modifications to the rights and protections under the Family and Medical Leave Act (“FMLA”). While the Notice of Proposed Rulemaking sets forth the basis for the proposed changes, we do not agree with the rationale provided in paragraph two under the heading “What Changes Do the Proposed Amendments Make?”
Specifically, we do not agree that “Congress failed to make clear its intent as to whether these additional rights apply to the legislative branch.” We believe that Congress is presumed to know what it is doing when it makes changes to law and, as such, a change made in a substantive provision of the FMLA adopted under the CAA is necessarily a statutory change to the CAA. The same is not true for changes in proposed regulations under the FMLA which do not become effective under the CAA until the Board of Directors has proposed new rules and Congress through section 304 of the CAA has adopted them.
As a general matter, we note that both the Office of Compliance Board of Directors (“OOC Board”) and the Capitol Police Board (“CPB”) have concurrent jurisdiction regarding to FMLA regulations. While the OOC Board can promulgate regulations under 2 U.S.C. § 1312(d)(1), the CPB has authority under 2 U.S.C. § 1923 to prescribe leave regulations for the United States Capitol Police. It is suggested that the OOC Board work with the CPB to insure consistency in leave regulations governing the USCP.
Specific comments on proposed regulations are found below.
825.102 Definitions.
As a general matter, several of the definitions in Section 825.102 of the proposed regulations conflict with the statutory definitions of the FMLA found in 29 U.S.C. § 2611 and the CAA definitions found in 2 U.S.C. § 1312. Having different definitions causes confusion and, technically, the statutory definitions were approved by Congress when it passed the CAA and the FMLA. The following definitions are highlighted:
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U.S. Capitol Police: Comments Regarding Proposed Rulemaking Regarding Modifications of Regulations Under the FMLA as Applied Under Section 202 of the CAA – November 16, 2015
Posted November 16th, 2015
Dear Ms. Sapin:
Please accept these comments on behalf of the United States Capitol Police regarding the proposed rulemaking on modifications to the rights and protections under the Family and Medical Leave Act (“FMLA”). While the Notice of Proposed Rulemaking sets forth the basis for the proposed changes, we do not agree with the rationale provided in paragraph two under the heading “What Changes Do the Proposed Amendments Make?”
Specifically, we do not agree that “Congress failed to make clear its intent as to whether these additional rights apply to the legislative branch.” We believe that Congress is presumed to know what it is doing when it makes changes to law and, as such, a change made in a substantive provision of the FMLA adopted under the CAA is necessarily a statutory change to the CAA. The same is not true for changes in proposed regulations under the FMLA which do not become effective under the CAA until the Board of Directors has proposed new rules and Congress through section 304 of the CAA has adopted them.
As a general matter, we note that both the Office of Compliance Board of Directors (“OOC Board”) and the Capitol Police Board (“CPB”) have concurrent jurisdiction regarding to FMLA regulations. While the OOC Board can promulgate regulations under 2 U.S.C. § 1312(d)(1), the CPB has authority under 2 U.S.C. § 1923 to prescribe leave regulations for the United States Capitol Police. It is suggested that the OOC Board work with the CPB to insure consistency in leave regulations governing the USCP.
Specific comments on proposed regulations are found below.
825.102 Definitions.
As a general matter, several of the definitions in Section 825.102 of the proposed regulations conflict with the statutory definitions of the FMLA found in 29 U.S.C. § 2611 and the CAA definitions found in 2 U.S.C. § 1312. Having different definitions causes confusion and, technically, the statutory definitions were approved by Congress when it passed the CAA and the FMLA. The following definitions are highlighted:
Learn more and continue to read by downloading the following document(s).
U.S. Capitol Police: Comments Regarding Proposed Rulemaking Regarding Modifications of Regulations Under the FMLA as Applied Under Section 202 of the CAA - November 16, 2015
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CATEGORIES: Comments Pending Regulations Substantive Regulations Involving the Family and Medical Leave Act of 1993 (FMLA)
TAGS: Family and Medical Leave Act of 1993 (FMLA) Notice of Proposed Rulemaking (NPRM)