Employee Benefits | FJG/FYI
Family Medical Leave Act Expanded
On January 28, 2008, President Bush signed into law the National
Defense Authorization Act for Fiscal Year 2008 (NDAA). Section 585 of the NDAA adds the following two new qualifying events to the Family and Medical Leave Act (FMLA):
- Servicemember Caregiver Leave
- Servicemember Family Leave
The new Servicemember Caregiver Leave is provided to allow qualified employees to care for a recovering servicemember, defined
as a member of the Armed Forces who incurred a serious injury or illness in the line of duty that may render them unable to perform the duties of their office, grade, rank or rating. The servicemember must also be undergoing medical treatment, recuperating,
in therapy, or otherwise in outpatient status or on the Department of Defense Temporary Disability Retired List.
Qualifying employees who are the spouse, son, daughter, parent, or next of kin of the injured servicemember are allowed up to 26 weeks of leave during a one time 12-month period. This leave may be continuous, intermittent, or on a reduced schedule. This first category of leave became effective January 28, 2008.
Servicemember Family Leave allows the spouse, son, daughter or parent of a servicemember up to 12 weeks of leave during any 12-month period for any “qualifying exigency” or urgent need arising out of the servicemember's duty, or call to duty, in the Armed Forces. Next of kin are not considered eligible for this category of leave.
This second category of leave will not technically become effective
until regulations are issued so specific details, including a definition of “qualified exigency,” are not available yet. However, the Department of Labor (DOL) has encouraged employers to provide leave under the new provisions to qualifying employees requesting such leave prior to the issue of final regulations.
Both of these new categories of leave continue to be unpaid leave, and the employer may still require the substitution of paid leave consistent with the original FMLA regulations. Furthermore, any time taken under these new categories is counted toward the employee’s total allotment of FMLA leave.
It is recommended that employers:
- prepare an addendum to their current FMLA policy and distribute to employees
- post DOL revised poster available at http://www.dol.gov/esa/whd/fmla/NDAAAmndmnts.pdf
For more information, please visit the DOL’s website at http://www.dol.gov/esa/whd/fmla/NDAA_fmla.htm