On January 28, 2008, President George Bush signed into law the National Defense Authorization Act for 2008 ("NDAA"), which expanded benefits under the Family Medical and Leave Act ("FMLA") to service members and their families.
The first expansion of the FMLA involves eligible employees affected by the active duty of a spouse, parent, son or daughter ("Active Duty Leave"). Active Duty Leave provides for a maximum of 12 weeks of leave, including intermittent or reduced leave schedule.
The other expansion of the FMLA entitles family members to take up to 26 weeks of unpaid leave to care for a wounded service member during a single 12 month period ("Caregiver Leave"). Caregiver Leave covers employees who are the spouse, parent, son or daughter or "next of kin" of a covered service member.
Covered employers must comply with Caregiver Leave now and be prepared to comply with Active Duty Leave once the Department of Labor's ("DOL") regulations are issued. The final regulations are expected to be published year end or early 2009. Employer handbooks and specifically, FMLA policies should be updated promptly to reflect these changes in the law. There will also be new notice requirements for employers and employees to comply with. Once the final regulations are published please check our website for upcoming seminars discussing the new regulations and requirements under the FMLA.
Contact Connie Peña and Laura Calhoun for more information and for assistance with your compliance obligations.
