FAMILY MEDICAL LEAVE ACT EXTENDED TO PROTECT FAMILIES OF THE U.S. ARMED FORCES

On January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA), which amends the Family and Medical Leave Act (“FMLA”) to extend leave protections to the families of U.S. Armed Forces members.  The NDAA doubles the amount of leave injured veterans and their family members are entitled to.  Eligible employees are entitled up to 6 months of FMLA leave to care for an injured service member and 12 weeks of leave if a service member is called up for active duty under certain circumstances.   The bill also allows a “spouse, son, daughter, parent, or next of kin” to take up to 26 weeks of leave to care for “member of the Armed Forces, including a member of the National Guard or Reserves, who 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.” [1]

According to the U.S. Labor Department, the provisions in the NDAA became effective as of the date of the President’s signing. The Department of Labor is working quickly to prepare more comprehensive guidance regarding rights and responsibilities under this new legislation. In the interim, the Department of Labor will require employers to act in good faith in providing leave under the new legislation.

 Prior to the amendment, the FMLA granted eligible employees up to a total of 12 weeks of unpaid leave during any 12-month period for one or more of the following reasons: (1) for the birth and care of the newborn child of the employee; (2) for placement with the employee of a son or daughter for adoption or foster care; (3) to care for an immediate family member (spouse, child, or parent) with a serious health condition; or (4) to take medical leave when the employee is unable to work because of a serious health condition.

Employers covered under the FMLA, regardless of size, should bear in mind that they are required to display and keep displayed a poster prepared by the Department of Labor summarizing the major provisions of FMLA and telling employees how to file a complaint. The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. A poster must be displayed at all locations even if there are no eligible employees.

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