Posted: 03.27.2008
The Family and Medical Leave Act was recently amended to include leave provisions relating to "spouse, son, daughter, parent, or next of kin" caring for members serving in the Armed Forces. This amendment is referred to as The Family and Medical Leave Act and National Defense Authorization Act for FY 2008. It is effective immediately.
Covered Employers
FMLA applies to any employer in the private sector who engages in commerce, or in any industry or activity affecting commerce, and who has 50 or more employees each working day during at least 20 calendar weeks in the current or preceding calendar year.
The law covers all public agencies (state and local governments) and local education agencies (schools, whether public or private). These employers do not need to meet the "50 employee" test.
Key News
There are two items you should be aware of relating to the FMLA.
The first item is legislation that was signed into law amending the FMLA to include the National Defense Act for FY 2008 provision (NDAA). Among other things, the NDAA amends the Family and Medical Leave Act of 1993 to permit a "spouse, son, daughter, parent, or next of kin" to take up to 26 workweeks of leave to care for a "member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness."
The second item is that the Department of Labor recently published a Notice of Proposed Rulemaking to update the regulations under the 15 year-old Family and Medical Leave Act. The DOL is seeking public comment by April 11, 2008 in advance of fully implementing the proposed changes into a final rule (you may refer to the DOL website at www.dol.gov/esa/whd/fmla for additional information). It is expected that the final rule would be effective sometime later this calendar year (2008).
Action Required
IF you are a Covered Employer, you should communicate this NDAA amendment to the FMLA with your employees as soon as possible. As a resource, we have included a link below to the DOL website where you can download a Military Family Leave Notice poster for display in your workplace. We have also included a link below to the DOL website where you can download the standard FMLA poster for display.
FMLA Poster
FMLA Poster Insert for Military Family Leave Act (PDF)
If you have any questions regarding this communication, please contact your ALCOS Customer Service Representative.
When the final regulations from the Notice of Proposed Rulemaking are defined by the Department of Labor, ALCOS will communicate the highlights of the final rule to you, including the effective date of the rule and your compliance obligations.
This information is not intended to be exhaustive nor should any discussion or opinions be constructed as legal advice. Readers should contact legal counsel for legal advice.
