Amendments to FMLA Mean Employers Need to Change Policies & Practices

By Sally A. Piefer

For the first time since the Family and Medical Leave Act (FMLA) was enacted in 1993, amendments to the FMLA have been signed into law. These new amendments deal with protected leave for family members injured in the course of military service and in advance of being called up to active duty.

The measure became law through provisions contained in the National Defense Authorization Act of 2008. The new amendments provide up to 26 weeks for employees who provide care to family members who return injured from an active duty deployment. This leave period also includes leave for other circumstances covered by other aspects of the FMLA.

In addition, the amendments permit eligible employees to take 12 weeks of unpaid leave for “qualifying exigencies.” While this term has not yet been defined by the Department of Labor (DOL), it is the intent of Congress to provide service members with support to assist them in getting their affairs in order before they depart.

Your FMLA policy must be updated to incorporate these amendments. In addition, you should post a Notice letting your employees know about the recent amendments. This Notice can be posted with your current FMLA notices.

Additional proposed amendments for the FMLA are currently under consideration and the DOL has already issued proposed modifications to the FMLA. DOL has expressed an interest in implementing additional amendments by January 2009.

If you require assistance in updating your FMLA policies or forms, please contact Sally A. Piefer at 262-754-1325 or by e-mail.

Published: 04/2008