E-Newsletter
February 2008, Vol. 1
Immediate and Upcoming Changes to Federal FMLA Law
Thomas P. Krukowski, Esq.
tpk@kclegal.com
Federal FMLA Law Expanded to Protect Military Family Members
On January 28, 2008, President Bush signed into law the first major expansion of the Family and Medical Leave Act since it was enacted in 1993. The National Defense Authorization Act (H.R. 4986) extends additional FMLA leave to military families by adding two new qualifying events: 1) employees who need time off to care for an injured service member, and 2) employees who have a family member called to active duty.
The new provisions of the law allow FMLA time off in these circumstances:
- An employee who is a spouse, son, daughter, parent, or next of kin (defined as the nearest blood relative of that individual) to a member of the Armed Forces, including the National Guard and Reserves, is entitled to take up to 26 workweeks of FMLA leave, during a single 12-month period, to care for that individual while he or she is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. (This regulation is effective immediately.)
- An employee is entitled to take up to 12 weeks of FMLA leave in a 12-month period because of any qualifying exigency (not yet been defined) arising out of the fact that a spouse, son, daughter or parent is on active duty or has been notified of an impending call or order to active duty in the Armed Forces. (This regulation will not be effective until the Secretary of Labor issues final regulations defining any "qualifying exigency.") While the Department of Labor is developing final regulations to define "any qualifying exigency," the Department is encouraging employers to provide this type of leave to qualifying employees.
In the meantime, it is time to start thinking about revising and updating your organization's FMLA policy. When the Department of Labor issues its new guidelines on how it will interpret the new 12 weeks of leave for qualifying exigencies, employers will need to update their FMLA policies to bring them into compliance with these new military provisions.
New Proposed FMLA Regulations Move One Step Closer to Becoming Final
On January 24th, the Department of Labor took one giant step forward in advancing the proposed changes to the FMLA regulations that employers are watching for. The proposed regulations have finally been submitted to the Office of Management and Budget (OMB). After the OMB's review and approval, the proposed regulations will be published in the Federal Register for public comment. We will keep you up to date on developments in the legislative process.
In the meantime, if we can assist you with any questions or issues regarding federal and Wisconsin FMLA compliance, contact educational services at (414)423-1330.
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