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Labor, Employment and Benefits
Alert - December 20, 2007
 
Congress Votes to Expand FMLA to Give Protected Leave to Military Families
 
 December 20, 2007
 
Todd D. Steenson- Chicago

In what marks the first expansion of the Family and Medical Leave Act since its enactment in 1993, Congress last week voted to grant additional FMLA leave rights to family members of those called to active duty from reserve status and to workers who need leave to care for family members wounded during military service.

The expansion, which is part of the defense spending authorization bill for 2008, is expected to be signed into law by President Bush.

The new legislation requires that employers provide up to 12 weeks of unpaid FMLA leave to immediate family members (spouses, parents and children) of members of the military reserves and National Guard who are called to active service. It also appears to require leave for “exigencies” arising from the fact that the spouse, parent or child of an employee is on active duty military service. In addition, the provision requires employers to allow immediate family members of wounded soldiers who have returned from service to take up to 26 weeks of FMLA leave to care for the wounded soldier. Employees will be limited to a maximum of 26 weeks of leave per year for all reasons covered by the expanded FMLA.

As passed, the new requirements that employers offer leave to families of members of the military have no effective date. That means these new leave obligations could potentially go into effect as soon as they are signed into law. Congress has, however, expressed its understanding that employers will need time to comply with these new requirements, and business groups have asked the congressional sponsors of the law to provide a statement of their intent concerning the effective date. The Department of Labor has also stated that it will need to draft regulations implementing the new FMLA requirements.

We will keep you informed about further developments concerning this significant expansion to the FMLA.

For more information, email Todd Steenson at todd.steenson@hklaw.com or call toll free, 1-888-688-8500.

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