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March 2008
Family and Medical Leave Act is Amended
by Kelly R. Baier Effective January 28, 2008, the National Defense Authorization Act (NDAA) for fiscal year 2008 amended the Family and Medical Leave Act (FMLA) to provide two additional types of leave: - Servicemember Family Leave. An eligible employee who is a "spouse, son, daughter, parent or next of kin" of a covered Servicemember (a "member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in out-patient status, or is otherwise on the temporary disability retired list, for a serious injury or illness") may take up to 26 workweeks of unpaid leave in a single 12 month period to care for the Servicemember.
- Qualifying Exigency Leave. An eligible employee may take up to 12 workweeks of unpaid leave for "any qualifying exigency (as the Secretary of Labor 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 of the NDAA is not effective until the Secretary of Labor issues final regulations defining "any qualifying exigency." In the interim, the Department of Labor is encouraging employers to provide this type of leave to qualifying employees.
Leave to care for a Servicemember or for a qualifying exigency may be taken on an intermittent or reduced schedule basis. Actions employers may want to consider at this time include the following: - Provide notice to employees of the changes to FMLA coverage.
- Decide whether to immediately provide "qualifying exigency" leave pending Department of Labor regulations.
- Prepare for potentially longer leave situations.
The Department of Labor is currently updating its regulations regarding the FMLA. It likely will be several months before final regulations are issued.
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