Labor & Employment Law

Effective immediately, FMLA covers care for member of armed forces

Amendments to the Family and Medical Leave Act of 1993 (FMLA) are effective on January 28, 2008.

The National Defense Authorization Act for FY 2008 (NDAA) was signed by the President January 28. Section 585 amends the 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."

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." By its express terms, this provision of the NDAA is not effective until the Secretary of Labor issues final regulations defining "any qualifying exigency."

DOL web site, including link to full text: http://www.dol.gov/esa/whd/fmla/NDAA_fmla.htm

Full post as published by Ross' Employment Law Blog on January 30, 2008 (boomark / email).