NEW FMLA AMENDMENTS EXPAND LEAVE
BENEFITS FOR MILITARY FAMILIES
Cities that are subject to the Family and Medical Leave Act (FMLA) (those that have at least 50 employees) should be aware of recent federal legislation that expands leave benefits for certain employees who have family members in the military. On January 28, 2008, the United States Congress enacted the National Defense Authorization Act of FY 2008, which grants family and temporary medical leave for certain employees who have relatives in the military.
This legislation amends the FMLA to grant employees who are eligible for leave under the FMLA up to 26 weeks of leave to care for a family member (spouse, child, parent, or next-of-kin) who is in the Armed Forces and who is undergoing medical treatment, recuperation, or therapy for a serious illness or injury. The legislation also allows eligible employees to take up to twelve weeks of FMLA leave for a “qualifying exigency” that arises because a family member (spouse, child, or parent) is on active duty or has been notified of an impending call or order to active duty in support of a contingency operation. The U.S. Department of Labor has published proposed rules implementing this legislation. The proposed rules can be found at: www.dol.gov/esa/whd/fmla/FedRegNPRM.pdf
Please contact the TML Legal Department at (512) 231-7400 or legal@tml.org with questions.