 Leave for Military Families Now Law
On January 28, President Bush signed into law the National Defense Authorization Act for FY 2008 (NDAA). Section 585 of the Act amends the Family and Medical Leave Act (FMLA), and now requires employers of 50 or more employees to provide unpaid leave to certain family members of U.S. soldiers who care for an injured servicemember, as well as to those who have a family member called to active duty service.
The effect of this new law is two-fold. All employees who are currently FMLA-eligible will now also be entitled to the following types of leave:
• Caregiver Leave. This benefit provides 26 weeks of 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 is undergoing medical treatment, recuperation or therapy, is in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness.
• Active Duty Leave. This benefit provides 12 weeks of FMLA leave to a spouse, son, daughter or parent of soldiers, reservists and members of the National Guard who have a "qualifying exigency." While the measure does not define "qualifying exigency," examples could include overseas assignments, recalls to active duty and troop mobilizations, sources say. In other words, active duty leave may be taken for any issues related to the call-up, and the leave may commence as soon as an individual receives a call-up notice. This type of leave has no connection to a medical issue experienced by a servicemember.
The Department of Labor has promised to draft regulations to address the FMLA expansion but, in the meantime, has indicated that employers should interpret the rights broadly and not rely on an ambiguity to deny leave to military family members. Employers should also remember that all protections afforded under the FMLA apply to these new types of leave, such as, for example, the requirement that returning employees be restored to the same or a comparable position and that benefits under a group health plan be continued during the leave. Employers should amend their FMLA policies to provide employees with notice of these new leave entitlements. We have prepared a sample policy for our clients' use and consideration. [Click here to view the sample policy.] |
Closely Held
Business Team
The Closely Held Business Team - Dunn Carney is dedicated to assisting business owners in navigating through the opportunities and challenges the law presents to advance each owner’s success in business. They understand the multifaceted issues business owners face each day and the need for responsive and proactive legal counsel. Team members include:
Bob Allen
John Barhoum
Merrill Baumann
David Buono
Brian Cable
Jack Cooper
Ken Davis
Tim Hering
Frank Hilton
Elizabeth Howard
Scott Jonsson
JoDee Keegan
Tamsen Leachman
Kelly Martin
David Rossmiller
Tony Sayess
Kyle Stinchfield
Dan Vidas
Matt Wilmot
Bob Winger
David Zehntbauer |
