Effective immediately, the Family and Medical Leave Act (FMLA) has been expanded to provide extended coverage for family members of individuals on active duty. Changes effective in the near future will also make the act applicable for “any qualifying exigency” for individuals on or called up for active duty.
The new provision immediately requires employers to provide up to 26 weeks leave in a 12-month period for employees who are the “spouse, son, daughter, parent or next of kin” to care for a member of the Armed Forces, including the National Guard or Reserves, “who is undergoing medical treatment, recuperation, or therapy, or otherwise in an outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.” Although the U.S Department of Labor will be issuing guidance on the new provision in the near future, employers are required to provide the new extended leave without waiting for the guidance.
In the near future, the law will also require employers to allow up to 12 weeks of leave for “any qualifying exigency” due to the fact a spouse, son, daughter or parent is on active duty or been notified of a call or order to active duty in support of a contingency operation. This provision is not effective until the Labor Department issues regulations defining or outlining the term “any qualifying exigency.” The Department is, though, encouraging employers to provide this type of leave to qualifying employees while it prepares the regulations.
The changes were included in a Defense Department bill signed by President Bush Jan. 28. Because the active duty provision is effective immediately, employers need to review and update their FMLA policies and handbooks accordingly. Please contact Jean Bender or Sue Simons if you would like assistance in reviewing and updating your FMLA policy.