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.
About Ahlers & Cooney's Client Alerts
Our Client Alerts are intended to provide occasional general comments on new developments in Federal and State law and regulations which we believe might be of interest to our clients. The Client Alerts should not be considered opinions of Ahlers & Cooney, P.C., and are not intended to provide legal advice as a substitute for seeking professional counsel. Readers should not under any circumstance act upon the information in this publication without seeking specific professional counsel. Ahlers & Cooney will be pleased to provide additional details regarding any article upon request. Additional copies of this Client Alert may be obtained by contacting any attorney in the Firm or by visiting the Firm's website at www.ahlerslaw.com.
©2008 Ahlers & Cooney, P.C. All Rights Reserved.
NOTICE TO THE PUBLIC The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.