The new National
Defense Authorization Act (H.R. 4986) expands the federal Family and Medical
Leave Act (FMLA) to permit up to 26 weeks of unpaid leave during a single
12-month period to care for a family member in the Armed Forces who has been
injured in the line of duty. Furthermore, employees who have an immediate
family member 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.
Shortly after the
FMLA military amendments were signed into law, the DOL released a proposal
calling for public comments (until April 11, 2008) to help it develop
regulations under the new law. The DOL has also proposed changes to a host of
existing FMLA provisions, such as those regarding attendance policies, substitution
of paid leave, light duty, waiver of rights, employer and employee notice
obligations.
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.