Family Medical Leave Act Expanded to include Service Member Leave
On Monday, January 28, 2008, President Bush signed into law an expansion of the Family and Medical Leave Act (FMLA) which provides additional FMLA leave for military families.
Under FMLA, an employee must have worked at least 12 months and 1,250 hours in the past year to be eligible for the leave benefit. Eligible employees are entitled to a total of 12 weeks of leave during any 12-month period for one or more of the following: 1) birth of a child, 2) placement of child for adoption or foster care, 3) caring for a spouse, child or parent with a serious health condition or 4) the serious health condition of the employee.
The bill adds two new FMLA-qualifying events to include employees caring for an injured service member and employees who have a family member called to active duty. An employee who requests leave due to a call to active duty is eligible for 12 workweeks of unpaid FMLA leave due to a spouse, son, daughter or parent being on active duty or having been notified of an impending call or order to active duty in the Armed Forces. Leave may be used for any “qualifying exigency” arising out of the service member’s current duty or because the service member is notified of an impending call to duty.
An employee who requests leave to provide care for an injured service member is eligible for 26 workweeks of unpaid FMLA leave during a single 12-month period for a spouse, son, daughter, parent, or next of kin caring for a recovering service member. A recovering service member is defined as a member of the Armed Forces who suffered an injury or
illness while on active-duty that may render the person unable to perform the duties of the member’s office, grade, rank or rating.
The caregiver provision of the law is effective January 28, 2008, but the call to active duty provision will not be effective until the Secretary of Labor issues final regulations defining “any qualifying exigency.” Employers are still encouraged to provide the new types of leave to qualifying employees and to update and amend their policies, procedures, employment posters and notifications.
On Monday, January 28, 2008, President Bush signed into law an expansion of the Family and Medical Leave Act (FMLA) which provides additional FMLA leave for military families.
Under FMLA, an employee must have worked at least 12 months and 1,250 hours in the past year to be eligible for the leave benefit. Eligible employees are entitled to a total of 12 weeks of leave during any 12-month period for one or more of the following: 1) birth of a child, 2) placement of child for adoption or foster care, 3) caring for a spouse, child or parent with a serious health condition or 4) the serious health condition of the employee.
The bill adds two new FMLA-qualifying events to include employees caring for an injured service member and employees who have a family member called to active duty. An employee who requests leave due to a call to active duty is eligible for 12 workweeks of unpaid FMLA leave due to a spouse, son, daughter or parent being on active duty or having been notified of an impending call or order to active duty in the Armed Forces. Leave may be used for any “qualifying exigency” arising out of the service member’s current duty or because the service member is notified of an impending call to duty.
An employee who requests leave to provide care for an injured service member is eligible for 26 workweeks of unpaid FMLA leave during a single 12-month period for a spouse, son, daughter, parent, or next of kin caring for a recovering service member. A recovering service member is defined as a member of the Armed Forces who suffered an injury or
illness while on active-duty that may render the person unable to perform the duties of the member’s office, grade, rank or rating.
The caregiver provision of the law is effective January 28, 2008, but the call to active duty provision will not be effective until the Secretary of Labor issues final regulations defining “any qualifying exigency.” Employers are still encouraged to provide the new types of leave to qualifying employees and to update and amend their policies, procedures, employment posters and notifications.
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