NEW LAW EXPANDS FMLA RIGHTS FOR FAMILIES
OF ARMED FORCES MEMBERS
On January 28, 2008, President Bush signed the National
Defense Authorization Act for Fiscal Year 2008, which contains
amendments to the Family and Medical Leave Act. Section
585 of the defense bill contains two main provisions expanding
the FMLA.
The active duty provision allows eligible employees to use
FMLA leave because of a “qualifying exigency”
arising out of the fact that a spouse, child or parent is
on active duty or has been notified of an impending call
or order to active duty. The Department of Labor is instructed
to issue regulations defining the term “qualifying
exigency” which is not defined in the law.
The caregiver provision allows eligible employees to take
up to 26 weeks of FMLA leave during a single 12 month period
to care for a spouse, child, parent or next of kin (i.e.,
nearest blood relative), who has a serious injury or illness
incurred in the line of duty. This provision allows the
employee to take leave while the service member is undergoing
medical treatment, recuperation or therapy, is in outpatient
status, or is on the temporary disability retired list.
A serious injury or illness is defined as a condition that
may render the service member medically unfit for duty.
The law contains a number of other provisions governing
the use of the new active duty or caregiver leave, including
rules relating to substitution of paid leave, notice requirements,
and rules covering spouses employed by the same employer.
Both the active duty and caregiver leaves may be taken intermittently
or on a reduced leave schedule.
Shawe
Rosenthal, LLP provides this publication for informational
purposes, and it should not be construed or relied upon
as legal advice. You should contact your Shawe Rosenthal,
LLP lawyer to discuss any questions that you may have concerning
your own situation.
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