Amendment to Family & Medical Leave Act

On January 28, 2008, President Bush signed an amendment to the Family and Medical Leave Act (FMLA), which was the first expansion of the law in 15 years.

The FMLA was amended to extend coverage to employees who are providing care to wounded United States military personnel. Specifically, the expanded provisions mandate that employers provide up to 26 weeks of leave to eligible employee who is the spouse, child, parent or nearest blood relative of a member of the Armed Forces, National Guard or Reserves. The leave is available to care for the service member if he or she was injured or fell ill in the line of duty.

The amendment further provides that an eligible employee is entitled to 12 weeks of leave because of any qualifying exigency arising out of the fact that the employee's spouse, child or parent is on active duty or has been notified of an impending call or order to active duty. The statute does not define “qualifying exigency.”

The US Department of Labor will issue regulations this term. Since the amendment was effective January 28, employers need to amend their FMLA policies and forms as soon as possible.