Model Language For Service Member Supplement To FMLA

Supplement to (Insert Company Name) Federal Family Medical Leave Act Policy
Notice of Servicemember Leave
(Courtesy of Wessels Pautsch & Sherman P.C.)

Purpose:

The Federal Family and Medical Leave Act was amended on January 28, 2008 to entitle eligible employees to take servicemember family leave. This supplements our FMLA policy and provides general notice of your rights to such leave.

Leave Entitlement:

1. An eligible employee shall be entitled to a total of 12 workweeks of leave during the 12 month measuring period because of any qualifying exigency (as the Secretary shall by regulation determine) arising out of the fact that the spouse, 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 the Armed forces) in support of a contingency operation.

2. An eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave during a single 12 month period to care for an injured or ill service member. Such injury or illness of said service member must have occurred in the line of duty while on active duty in the Armed forces and such injury or illness may render the service member medically unfit to perform the duties of his or her office, grade, rank or rating.

Miscellaneous:

• Such servicemember leave described in this supplement may be taken on a reduced work schedule or intermittent leave.
• Spouses both employed by (insert company name here) may only take a combined total leave of 26 workweeks during the single 12 month period to care for an injured or ill servicemember.
• (Insert Company Name) may require that a request of leave to care for an injured or ill servicemember be supported by a certification issued by the health care provider.
• (Insert Company name) may require that a request of leave related to active duty or call to active duty be supported by a certification.

It is (Insert Company Name) intent to follow, uphold and interpret to the best of its ability the Servicemember Leave signed into law. (Insert Company Name) reserves the right to supplement this Servicemember Leave as the Secretary for the Department of Labor issues final regulations.