Blog Topic

Family Medical Leave Act


FMLA Amendments Regarding Military Leave Are Now Effective
Posted by: Phil Gibbons
February 01, 2008

The new amendments to the FMLA for care of military members are effective immediately. Last week, the National Defense Authorization Act was signed into law.

The FMLA now permits a "spouse, son, daughter, parent, or next of kin" to take up to 26 workweeks of leave to care for a "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."

Its important to note that the caregiver protection provides more than double what is provided when an employee takes "traditional" FMLA leave.  Employees are entitled to only one 26-week leave period to care for a wounded servicemember during the employee’s employment. The leave may be taken on an intermittent or reduced-schedule basis, but all 26 weeks must be used during a single 12-month period. 

The Act also provides up to 12 weeks of leave for employees who have a family member called up to or engaged in active military duty.  In detail, the Act provides up to 12 weeks of FMLA leave for an employee with a spouse, son, daughter or parent who: (1) is on active duty in the Armed Forces in support of a contingency operation; or (2) has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation. A "contingency operation" is an action or operation against an opposing military force.

An employee may take active duty leave for "any qualifying exigency" related to the family member’s call-up, and the leave may commence as soon as an individual receives notification of being called to active duty. The term "any qualifying exigency" was not defined, and will likely be clarified in future regulations published by the Department of Labor ("DOL").

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President Bush Vetoes Bill Containing FMLA Leave for Military Families
Posted by: Phil Gibbons
January 03, 2008

Last week, President Bush vetoed a bill containing amendments to the Family and Medical Leave Act (FMLA) that were intended to extend FMLA benefits to military families.  Because the FMLA provision was part of an overall military spending package, it is expected that Congress and the President will work quickly to resolve any outstanding issues and pass the bill. 

The new bill creates an additional category for the traditional 12 week medical leave permitted under the FMLA. Specifically, an employee may take 12 weeks leave, where the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation and there is a "qualifying exigency" which is to be defined by the Secretary of Labor by regulation.

In addition, Congress has also created a "Service Member Family Leave" where an eligible employee who is the spouse, son, daughter, parent, or next of kin of an injured service member needs to take care of him/her. The employee in this situation is entitled to 26 weeks leave. 

The FMLA amendments will provide additional work-place protection for Indiana?s military families.   Let's hope this bill  becomes law as soon as possible.

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