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There is something that has not been getting much attention in the popular press, but is filling the news sources for employment lawyers. That is that, at the end of January, President Bush signed a law which expanded the leave available under the Family and Medical Leave Act ("FMLA") to include leave for certain family members of an individual in the Armed Forces, including a member of the National Guard or Reserves.
First, employers must provide up to 26 workweeks of leave to a qualifying employee 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. A "qualifying employee" includes the "spouse, son, daughter, parent, or next of kin" of the service member.
Second, employers are required to provide leave for "any qualifying exigency ... arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation." "Any qualifying contingency" has not yet been defined but it is expected to include a service-members deployment and leave from active duty. This provision is not effective until the U.S. Secretary of Labor issues final regulations defining "any qualifying contingency."
Most of the rest of the FMLA is not changed.
More information concerning the changes can be found at the Wage and Hour Division's website. Go to: http://www.dol.gov/esa/whd/fmla/index.htm.
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