The Family and Medical Leave Act is one of the nation’s most important laws to protect the rights of workers who are facing difficulties in their personal lives. Enacted in 1993, the FMLA allows an employee who has worked at least 1,250 hours during a 12-month period in an organization of 50 or more employees to take up to 12 work weeks of unpaid leave during a 12-month period for the birth or adoption of a child; the care of a child, spouse, or parent who has a serious health condition; or a serious health condition that prevents the employee from performing the functions of his or her position.

But human resource professionals have been struggling with the precise definitions of the law. It’s supposed to cover serious health conditions not relatively minor ailments. Employers also need to administer unscheduled leaves in a way that’s fair to all employees.

The Society for Human Resource Management (SHRM) leads a coalition that has just submitted lengthy comments to the Department of Labor, which is proposing regulatory revisions to the FMLA.

More than 100 associations and organizations co-signed the comprehensive comments submitted by the National Coalition to Protect Family Leave (NCPFL). The group is spearheading an effort to clarify the regulations and improve FMLA administration for both employers and employees.

While some provisions of the FMLA work well for both employers and employees, HR professionals have struggled to interpret other provisions, said Lisa Horn, SHRM manager of health care and chair of the NCPFL. These include intermittent leave, medical certifications, and the definition of a serious health condition. The SHRM wants to ensure that the FMLA regulations strike an appropriate balance between the employer’s business needs, and an employee’s need for time to attend to family and medical issues.

The original purpose of the FMLA, as envisioned by Congress, will never be fully realized until both the employee and employer communities both feel comfortable that an employee is rightly entitled to FMLA leave, said Horn. Unless the Labor Department clarifies the FMLA rules, HR professionals will continue to encounter workplace challenges as a result of these complex regulations.

The National Coalition to Protect Family Leave also wants these issues addressed before Congress considers expanding the FMLA. The coalition strongly opposes any expansion of the original FMLA legislation.

But a word of caution. Revisions to a cumbersome law, doesn’t mean businesses can wiggle out of covering employees who should be covered by the FMLA or any future legislation.

It’s rare that pro-business groups would find ways to cover more employees. It’s obvious the coalition is looking for cover fewer employees and save some money in the process. The coalition says there are unintended consequences of the act, but the Department of Labor needs to remember the act was in fact made to assist employees not employers. Any revisions need to reflect that reality. Cumbersome, confusing rules can be altered to make it easier for employers. But refining the law is not the same thing as a major revision. All sides need to proceed with caution.