Labor & Employment Law

On January 28, 2008, President Bush signed the National Defense Authorization Act of 2008. The Act includes significant revisions to the Family Medical Leave Act of 1993 (FMLA). FMLA coverage is expanded to employees who care for family members injured while on active military duty or for other exigent circumstances caused by active military service. Under the new law, up to twelve weeks of leave can be taken during any twelve month period because of a "qualifying exigency" arising out of active military service, or an impending call to active duty, by a spouse, son, daughter, or parent.  The Department of Labor will issue regulations defining a "qualifying exigency." In addition, the new law grants up to 26 weeks of leave in a twelve month period when a service member is undergoing medical treatment for or is recuperating from a "serious injury or illness" incurred in during military service. This is not limited to combat injuries and can include conditions arising while on active service. The law also allows such leave for family members caring for an injured service member. Both types of leave are to run concurrently.  This new law should bring some relief to families facing additional work pressures caused by a loved one being called to active service.  Employers subject to the FMLA should amend their FMLA policies to reflect the changes in the new law.