Family and Medical Leave for Military Family Members
by
Lisa Guerin, J.D.
Learn how to comply with new FMLA rules regarding family and medical leave for military family members.
On January 28, 2008, President Bush signed a defense authorization bill that gives military family members the right to take medical and family leave from their jobs.
The new law makes important changes to the Family and Medical Leave Act (FMLA) -- and leaves significant questions that will have to be answered by the Department of Labor (DOL). Everyone is scrambling to figure out how to comply with these new rules, at least one of which took effect immediately.
Here’s what we know about the new law, and some tips on what you should do right now to make sure you’re in compliance.
Leave for Active Duty of a Family Member
Employees may now take FMLA leave for “any qualifying exigency” arising out of a family member’s active duty or call to active duty. This new provision joins the existing list of qualifying reasons that allow an employee to take FMLA leave: for their own serious health condition, to care for a seriously ill family member, or to bond with a new child. This leave is part of the regular 12-week entitlement -- that is, the employee gets 12 weeks total per year for any qualifying reason, not an additional 12 weeks for issues relating to a family member’s military service.
According to the DOL, this provision will not take effect immediately. The law states that the DOL must issue regulations defining “any qualifying exigency.” The DOL has interpreted this to mean that this leave right won’t go into effect until regulations are issued. In the meantime, the DOL “encourages” employers to provide this leave anyway.
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