New Law Grants FMLA Leave for Soldiers' Families
Earlier this week President Bush signed into law HR 4986, the National Defense Authorization Act for 2008. Section 585 of this statute amends the Family and Medical Leave Act ("FMLA") in a number of significant ways.
Effective immediately, a spouse, child, parent or next of kin of a member of the Armed Forces (including a member of the National Guard or Reserves) may take up to 26 work-weeks of leave to care for the soldier if he 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." A "serious injury or illness" is defined as one that was incurred in the line of duty and may render the soldier medically unfit to perform the duties of his office, grade, rank or rating. The U.S. Department of Labor ("DOL") is expected to issue comprehensive guidance regarding the rights and responsibilities of parties under this new legislation in the not-too-distant future.
The new legislation also permits an employee to take FMLA leave for any "qualifying exigency" – as that term will be defined by the DOL in forthcoming regulations – arising out of the fact that the employee's spouse, child or parent is on active duty, or has been notified of an impending call or order to active duty, in the Armed Forces. Note that this provision of the statute is not effective until the DOL issues final regulations defining "qualifying exigency." Although the DOL has stated that it is still preparing these regulations, it has encouraged employers to provide this type of leave to qualifying employees in the interim, even in the absence of such guidance.
Please contact us directly if you have any questions regarding steps you must take to comply with HR 4986.