Family and Medical Leave Act Amended to Require Leave for Certain Servicemembers
As part of the National Defense Authorization Act for FY 2008, Congress recently amended the Family and Medical Leave Act (FMLA) for the first time in that Act's 15 year history. Employers now must grant FMLA leave under two, additional circumstances:
- Qualifying Exigency Leave - If a spouse, son, daughter or parent of an otherwise FMLA-eligible employee is called to active duty because of a "qualifying exigency," then the employer must provide 12 weeks of unpaid FMLA leave in a 12-month period.
- Servicemember Family Leave - An otherwise FMLA-eligible employee who is the spouse, son, daughter, parent or next-of-kin of an injured servicemember now is entitled to a total of 26 weeks (in a 12 month period) of unpaid leave to care for that servicemember.
In no event, however, shall an employee receive more than 26 weeks of leave (for any reason) in a given 12-month period.
The Department of Labor (DOL) currently is developing regulations to implement these Amendments, including defining the term "qualifying exigency" and clarifying how these new entitlements intersect with other types of FMLA leave. The DOL also is in the process of amending some of the existing FMLA regulations, including those relating to notice, the definition of "serious health condition," the medical certification process and intermittent leave.
Although these new regulations likely will not be implemented until sometime in late 2008, it is important to note that the Amendments currently are in effect. Accordingly, employers are advised to take the following actions:
- Take care to ensure compliance if current employees potentially qualify under the Amendments.
- Post the supplemental FMLA poster that can be accessed on the DOL's website.
- Update existing FMLA policies to reflect the Amendments.
