YOUR FMLA POLICY NEEDS UPDATING - CONTACT US!
November 2009By: Kevin Mosher, Esq.
Signed on October 28, 2009, the National Defense Authorization Act (NDAA) amends the military caregiver leave provision of the Family and Medical Leave Act (FMLA) by expanding the definition of a "qualifying leave exigency" and widening the scope of who is a covered servicemember for FMLA eligibility purposes for time off to provide care.
Previously, the FMLA granted eligible employees up to 12 weeks of leave per year to engage in qualified exigencies for family members in the Reserve Forces who were being called for active duty. The new amendments, however, have expanded this 12-week entitlement to qualified exigencies for family members of both the Reserve Forces and the regular Armed Forces. Thus, employees who have a spouse, son, daughter, or parent in the regular Armed Forces are now eligible for FMLA leave to attend military events, provide childcare, engage in some rest and recuperation with the military member, and other qualified exigencies.
The NDAA amendments additionally increase an employee's eligibility to provide caregiver leave for a covered servicemember. Previously, the employee could take up to 26 weeks of FMLA leave for a spouse, son, daughter, parent or next of kin to care for a covered servicemember. The definition of "covered servicemember" was limited to family members who were current members of the Armed Forces or Reserves who were injured while in the line of duty on active duty. Now, eligible employees may take up to 26 weeks off to care for servicemembers who were injured, or had exacerbated previous injuries, while on active duty during any period up to five years prior to the medical treatment(s) for which the employee is seeking caregiver leave. Thus, covered servicemembers now include veterans and a greater breadth of injuries ranging over a five-year period.
What to do? FMLA-covered employers must update their FMLA policies and provide notice to all employees. The new January 2009 FMLA regulations require employers to provide employees with notice of their FMLA rights and the company's responsibilities under the new law. If your company has not redone your FMLA policy since January now is an ideal time to finally comply with this law since the NDAA amendments have substantively changed the FMLA.
Employers may purchase an FMLA policy that is compliant and up-to-date with the new notice requirements and amendments to the FMLA. See accompanying link for details or contact WS Shareholder Kevin Mosher at kemosher@wesselssherman.com or (952) 746-1700 to determine your FMLA compliance.
FMLA POLICY - COMPLETE! COMPLIANT! UP-TO-DATE! GET YOURS TODAY!
