02/29/2008
The U.S. Department of Labor has issued a temporary poster containing the guidelines of the Family and Medical Leave Act military expansion to be displayed alongside the existing FMLA poster. DOL has recommended that employers subject to the FMLA display the temporary poster alongside the existing FMLA poster.
The poster explains amendments to the FMLA that went into effect when President Bush signed the National Defense Authorization Act for FY 2008, Pub. L. 110-181, on Jan. 28, 2008. NDAA amends the FMLA to permit a "spouse, son, daughter, parent or next of kin" to take up to 26 workweeks of leave to care for a "member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness."
The provisions in the NDAA providing this leave are effective as of the date of the president's signing. DOL is working quickly to prepare more comprehensive guidance regarding rights and responsibilities under this new legislation. In the interim, DOL will require employers to act in good faith in providing leave under the new legislation. Because the NDAA amends the FMLA, FMLA-type procedures should be used as may be appropriate.
The NDAA also permits an employee to take FMLA leave for "any qualifying exigency (as the Secretary [of Labor] shall, by regulation, determine) arising out of the fact that the spouse, or a 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." This provision of the NDAA is not effective until the Secretary of Labor issues final regulations defining "any qualifying exigency." DOL is expeditiously preparing such regulations. In the interim, DOL encourages employers to provide this type of leave to qualifying employees.
NFIB will continue to update members on further developments.
