FMLA to extend leave for military families
On January 28th, 2008, the Family and Medical Leave Act (FMLA) was amended to extend leave protections to the families of U.S. Armed Forces. The modification, included in the 2008 National Defense Authorization Act, requires employers to provide up to 26 weeks of FMLA leave to eligible employees to care for recovering, injured, or ill service members and 12 weeks of leave due to any “qualifying exigency” that occurs when a covered family member is or has been called for active duty. However, the qualifying exigency provisions will not be effective until the US Department of Labor (DOL) issues final FMLA regulations defining the term “qualifying exigency.”
This FMLA amendment does come with its share of new (and tighter) guidelines. Employees now have to let their employer know they need FMLA leave no later than the next day following a qualified need for leave (at present, workers can take 2 days before they report in). Also, under current law, employers are barred from contacting a worker’s health provider about the need for leave. The proposed changes would remove that restriction. Presently, workers can qualify as needing continuing treatment if they make two medical visits over any period of time—this can include months. The new changes would require these two visits to take place within a 30-day period.
In light of these new, extended-leave modifications, employers also need to be prepared with strategies to combat possible lengthy employee absences—from ensuring all employees are cross-trained on jobs within their departments (to fill in if and when co-workers leave), to preparing employees to work additional hours. HR executives are required to notify all employees of the new law’s expanded scope and post new FMLA posters, policies and forms to reflect new leave provisions.
For more information on the FMLA, contact a today.