New Legislation
Gives Military Family Members Medical, Emergency
Leave
[Posted 02/07/2008]
On
January 28, 2008, President Bush signed into law HR
4986, the National Defense Authorization Act for FY
2008 (NDAA), PL 110-181. Section 585 of the NDAA
amends the Family and Medical Leave Act of 1993 (FMLA)
to permit 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.” These provisions
are effective as of the signing date.
The
Department of Labor (DOL) is working quickly to
prepare more comprehensive guidance regarding
rights and responsibilities under this new
legislation. In the interim, the Labor Department’s
Wage and Hour Division (WHD) will require employers
to act in good faith in providing leave under the
new legislation. Because the NDAA amends the FMLA,
FMLA-type procedures should be used as may be
appropriate (for example, procedures regarding
substitution of paid leave and notice).
The
NDAA also permits an employee to take FMLA leave
for “any qualifying exigency (as the Secretary [of
Labor] shall, by regulation, determine) arising out
of the fact that 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.” This provision is not
effective until the Secretary of Labor issues final
regulations defining “any qualifying exigency.” DOL
is expeditiously preparing such regulations, and
encourages employers to provide this type of leave
to qualifying employees in the interim.
More
information will be available from the DOL as
additional guidance is developed.
Related Links:
Amended Title I of FMLA
DOL: Compliance Assistance for FMLA
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