Expansion of the Family and Medical Leave Act (FMLA)
On Monday, January 28, 2008, President Bush signed into law an expansion of the Family and Medical Leave Act (FMLA) which provides additional FMLA leave for military families. Specifically, the bill adds two new FMLA-qualifying events, expanding FMLA to include employees caring for an injured service member as well as family members who have a family member called to active duty.
Under the new law, FMLA-eligible employees will now be entitled to the following:
Family Leave Due to a Call to Active Duty—This benefit provides 12 workweeks of unpaid FMLA leave due to a spouse, son, daughter or parent being on active duty or having been notified of an impending call or order to active duty in the Armed Forces. Leave may be used for any “qualifying exigency” arising out of the servicemember’s current tour of active duty or because the servicemember is notified of an impending call to duty in support of a contingency operation.
Caregiver Leave for an Injured Servicemember—This benefit provides 26 workweeks of unpaid FMLA leave during a single 12-month period for a spouse, son, daughter, parent, or next of kin caring for a recovering service member. A recovering service member is defined as a member of the Armed Forces who suffered an injury or illness while on active-duty that may render the person unable to perform the duties of the member’s office, grade, rank or rating.
While the Department of Labor (DOL) will need to issue regulations to fully implement this new law, they have released guidance that indicates the caregiver provision of the law is effective as of January 28, 2008, but the call to active duty provision will not be effective until the Secretary of Labor issues final regulations defining “any qualifying exigency.”
Most of the provisions of the FMLA remain unchanged and will apply to these new types of FMLA leave, including employer coverage, employee eligibility requirements, health insurance continuation, and reinstatement rights. Further guidance regarding the application of paid leave while on these types of FMLA leave will be forthcoming from the Office of the President. In the meantime, departments are encouraged to contact their assigned Labor and Employee Relations Analysts if an employee requests leave for either of the above mentioned events.