Leave for Military Families Soon
To Be Law –
An Amendment to the Family and Medical Leave Act (FMLA)
Recently, the Senate passed legislation
that will expand workplace leave benefits to employees
with family members in the Armed Services. It is expected
that President Bush will sign the legislation into law
within the coming days.
If you are an employer that must
comply with the Family and Medical Leave Act (FMLA)
the new law will expand the FMLA to include employees
caring for an injured serviceman/woman, as well as for
family members who have a loved one called to active
duty service. More specifically, the amendment to the
FMLA will provide FMLA-eligible employees the following
types of leave:
- Active Duty Leave. This benefit
provides 12 weeks of FMLA leave to a spouse, son,
daughter or parent on active duty or having been notified
of an impending call or order to active duty in the
Armed Forces in support of a contingency operation.
Active duty leave may be taken for any issues related
to a call-up to duty.
- Caregiver Leave. This benefit
provides 26 weeks of FMLA leave during a single 12-month
period for a spouse, son, daughter, parent, or nearest
blood relative caring for a recovering service member.
The measure applies to the care of
Armed Forces members, NationalGuard members, and Reservists
who are undergoing medical treatment, recuperation,
or therapy, are in medical hold or medical holdover
status, or are on the temporary disability retired list
for a serious injury or illness. It defines "serious
health condition" as an injury or illness incurred
in the line of duty while on active duty "that
may render the member medically unfit to perform the
duties of the member's office, grade, rank, or rating."
Under both of these new leave categories
employees can either use the leave on an incremental
basis or in the smallest increment that the employer’s
payroll system tracks.
As mentioned, it is expected
that President Bush will sign the legislation into law.
While regulations will need to be issued to fully implement
this new law, employers and HR professionals should
be aware of the provisions as defined under this amendment
and be prepared for the changes.
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articles from December 2007 |
