Employer Update:

The recent expansion of the Family & Medical Leave Act (FMLA) impacts employers with 50 or more employees. Employers need to update Employee Handbooks with a new FMLA policy as well as administer it accordingly. The following briefly summarizes the changes.

In addition to the current FMLA-qualifying categories of leave, the new law establishes two additional categories of leave for FMLA-eligible employees.

1. Active Duty: up to 12 weeks of leave for a qualifying exigency arising out of the employee's spouse, son, daughter, or parent's active duty or notification of an impending call or order to active duty in the armed forces in support of a contingency operation.

The definition of "qualifying exigency" has not yet been defined by regulation; however, it is expected to include such things as attending official ceremonies or programs, attending to farewell/arrival arrangements, attending to affairs/arrangements caused by active duty status, etc. Active duty leave is not technically effective until the Secretary of Labor issues the final regulations on this definition; however, the Department of Labor encourages employers to provide the leave when applicable in the interim.

2. MIlitary Caregiver: up to 26 weeks of leave during a single 12-month period to care for a spouse, son, daughter, parent, or next of kin who is recovering from a serious injury or illness sustained while on active duty in the armed forces. This provision went into effect with the law on January 28, 2008.

Most administrative aspects of FMLA also apply to both types of military family leave, and both types of military family leave can be taken on an intermittent basis if necessary. Several additional modifications to FMLA have been proposed; however, it will be some time before additional changes are finalized.

Please contact HR Precision at 846-7888 if you have questions regarding this update.