August 7, 2008

As many of you know, the Family and Medical Leave Act (FMLA) is undergoing several changes.  This summary will provide a brief overview of these changes.

FMLA FOR MILITARY FAMILIES:  The FMLA was amended to provide two new types of FMLA leave pertaining to family members in the military: 

1.  INJURED SERVICEMEMBER LEAVE – up to 26 weeks of leave to care for family members injured in the course of military duty.  This provision became effective immediately.  It is a current compliance obligation, and your policies and postings should be updated accordingly.  (DOL’s notice of military family leave PDF file is attached.)

2.  ACTIVE DUTY FAMILY LEAVE (EXIGENCY LEAVE) – up to 12 weeks of leave for “any qualifying exigency” due to a family member’s active military duty or being called to active duty.  This provision does not become effective until DOL issues final regulations defining "any qualifying exigency." 

NEW PROPOSED FMLA REGULATIONS:  DOL has issued detailed proposed FMLA regulations.  When finalized, they will replace the current regulations and will materially change a number of FMLA duties and procedures.  The final regulations are anticipated by January 2009, and as early as this fall.  They will require revisions to your FMLA policy, procedures and forms.  Training regarding the new regulations is recommended and will be available through our firm.

ADA WATCH:  An amended version of the proposed ADA Restoration Act was passed in the House of Representatives on June 25, 2008. The bill will now be voted on in the Senate.  If passed, this legislation will have a significant impact on ADA cases.

Please feel free to contact an attorney in the Ahlers & Cooney Employment Practice Group for assistance with these issues or any other matter.


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DOL Military Family Leave

Nadel, Steven


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