HR Management & Compliance

Employee Leave: New FMLA Leave Rights for Military Families

President Bush has signed the National Defense Authorization Act (H.R. 4986), which, among other things, expands the Family and Medical Leave Act (FMLA) to permit leave for family members of injured military personnel and military reservists called to active duty.

Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. Learn the rules for pregnancy and parental leaves, medical exams and certifications, intermittent leaves, required notices, and more.

The law specifies that an eligible employee who is the spouse, son, daughter, parent, or next of kin (nearest blood relative) of a member of the Armed Forces who is injured in the line of duty can take up to 26 weeks of unpaid leave during a 12-month period to care for the service member. This leave is only available during a single 12-month period.

Furthermore, employees who have an immediate family member (spouse, son, daughter, or parent) who is on active duty or called to active duty in the reserves or National Guard may take up to 12 weeks of unpaid leave for any “qualifying exigency,” which is to be defined by U.S. Department of Labor regulations. The law limits an employee to a combined total of 26 weeks of FMLA leave in a 12-month period, even if several qualifying reasons exist.

We’ll have all the details in an upcoming issue of the California Employer Advisor.

Additional Resources:

Family and Medical Leave Act of 1993, as amended by H.R. 4986

Family and Medical Leave Articles

Military Leave Articles

Leave a Reply

Your email address will not be published. Required fields are marked *