Family and Medical Leave Act Amendments Expand Leave for Families of Members of the Armed Forces

This week, President Bush signed the National Defense Authorization Act for Fiscal Year 2008, which amends the Family and Medical Leave Act of 1993 (FMLA) to provide broader leave protections to families of members of the armed forces. In short, the new FMLA provisions require employers to provide up to 26 weeks of leave in a single 12-month period for family members caring for injured service men and women, and up to 12 weeks of leave in a 12-month period to tend to any “exigency,” medical or otherwise, arising from a service member’s call to duty. While Congress gave the U.S. Department of Labor (DOL) rule-making authority to define certain terms and requirements under the act, employers will have to begin partial implementation immediately because the new provisions became effective upon the President’s signature on January 28.

Coincidentally, the President signed this new law just days after DOL announced that it was about to propose new regulations to address various other unidentified issues arising under the FMLA. The proposed regulatory package has already been sent to the Office of Management and Budget for approval before publication.