News + Events
Labor & Employment - FMLA Expansion for Military Families Signed into Law
January 30, 2008
President Bush has signed into law the first expansion of the Family and Medical Leave Act (FMLA) in its 15 year history. The expansion provides additional FMLA leave for military families. Specifically, under the new provisions, FMLA-eligible employees will now be entitled to the following:
FMLA leave for call to active duty of a family member – Under this new benefit, employees are entitled to 12 weeks of FMLA leave due to a spouse, son, daughter or parent being on active duty or having been called or ordered to active duty in the Armed Forces. Leave may be used for “any qualifying exigency” arising out of the family member’s active duty or call to duty.
FMLA caregiver leave for injured service members – Under this new benefit, employees are entitled to up to 26 weeks of FMLA leave in a 12-month period (that is 26 weeks total, not 26 weeks plus 12 weeks of FMLA leave for other reasons) to care for an injured or ill service member who suffered the injury or illness while on active-duty. In addition to spouses, children and parents (family members otherwise covered under the FMLA), a service member’s “nearest blood relative,” or “next of kin,” is also eligible for this type of leave.
The Department of Labor (DOL) has released guidance stating that the active duty provision of the new law will not be effective until final regulations have been issued which define “any qualifying exigency.” However, the caregiver provision of the law takes effect immediately.
Employers must now act to provide leave under these new FMLA provisions. Further, even though the active duty leave benefit is not effective until the Secretary of Labor issues final regulations defining “any qualifying exigency,” in the interim, the DOL is encouraging employers to provide this type of leave to qualifying employees.
Complying with all of the requirements of the FMLA can be complicated – and it just got tougher. If you have questions about the new FMLA expansion for military families or other questions concerning FMLA matters, you should call Evan Pontz, Kristie Klein, or any of the other lawyers with Troutman Sanders LLP’s Labor & Employment Group.