Extended protected family medical leave for families of servicemembers now law
January, 2008
Earlier this month, our e-alert informed you about the changes to the Family Medical Leave Act that were anticipated to go into effect with the passage of the 2008 National Defense Authorization Act. President Bush signed the Act into law on January 28, 2008.
Again, the new legislation provides that an eligible employee who is the spouse, son, daughter, parent or next of kin of a member of the Armed Forces who is undergoing medical treatment, recuperation or therapy for a serious injury or illness incurred in the line of duty on active duty in the Armed Forces shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the servicemember. The leave may be taken intermittently. This amendment to the FMLA became effective on January 28, 2008.
The 26 workweeks of leave available for servicemember care is a substantial extension of the 12 weeks previously available under the FMLA and is only available during a single 12-month period.
Additionally, the 2008 National Defense Authorization Act provides that an eligible employee shall be entitled to 12 workweeks of leave "[b]ecause of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation." This provision is not effective until the Secretary of Labor issues final regulations defining "any qualifying exigency." The Department of Labor reports that it is expeditiously preparing those regulations. In the interim, the Department of Labor is encouraging employers to provide this type of leave to qualifying employees.
Employers should work with their employment law counsel to create or amend their existing FMLA policies to provide employees with notice of the new FMLA amendments.