The Family And Medical
Leave Act Has Just Been Amended January 28th, 2008
*Last Updated: 02/11/2008 - Please bookmark page to periodically
check for updates. The Family and Medical
Leave Act Has New Notice!
Recent amendments to the FMLA were enacted on January 28,
2008 to provide two new leave entitlements to eligible specified
family members:
(1) Up to 12 weeks of leave for qualifying exigencies arising
out of a covered family member's active military duty, and
(2) Up to 26 weeks of leave in a single 12-month period to
care for a covered service member recovering from a serious
illness or injury. Eligible employees are entitled to a combined
total of up to 26 weeks of all types of FMLA leave.
The law was in effect January 28th, 2008 and the new Federal
poster, Military Leave Notice, was just released.
LaborLawCenter.com is offering different options for employers
to be in compliance. (Note: Please check if you're a covered
FMLA employer as this only affects covered FMLA employers.)
- Complete
Labor Law Poster – Contains updated State, Federal,
and OSHA posting requirements including the new Federal
Military Leave Notice.
- Federal
Labor Law Poster – Contains the Federal labor
law posters which includes the new Federal Military Leave
Notice and the minimum wage rates for the 2008 and 2009
year.
- Military
Leave Notice Poster – Newly added supplemental
federal poster which is optional to use next to the labor
law posters until the final FMLA poster is released.
In addition to releasing the new optional notice, the government
is currently taking comments to consider and review before
issuing the final regulations. The public has until 12:00
midnight April 11, 2008 to submit their comments. After the
deadline, all comments will be reviewed and considered and
the issuance of the final regulations will occur with the
final FMLA poster.
The Family and Medical Leave Act (FMLA), is an act that states
covered employers must grant an eligible employee up to a
total of 12 workweeks of unpaid leave during any 12-month
period for one or more of the following reasons:
- for the birth and care of the newborn child of the employee;
- for placement with the employee of a son or daughter for
adoption or foster care;
- to care for an immediate family member (spouse, child,
or parent) with a serious health condition; or
- to take medical leave when the employee is unable to work
because of a serious health condition.
January 28th, 2008, President Bush signed into law the National
Defense Authorization Act for Fiscal Year 2008. In the Act
under section 585, the Family Leave Act of 1993 was amended
to allow time off for individuals who need to take time off
to care for injured members of the armed forces.
Among other things, section 585 of the National Defense Authorization
Act for Fiscal Year 2008 (NDAA), amends the Family and Medical
Leave Act of 1993 (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 NDAA also permits employees to take FMLA leave for any “qualifying
exigency” 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 the contingency operation.”
But until the Secretary of Labor issues its final regulations
on defining “any qualifying exigency”, this provision
of the NDAA is not in effect yet.
The amended Family and Medical Leave Act of 1993 is in effect
as of the date of the President’s signing which was
January 28th, 2008. Currently the guidance regarding the rights
and responsibilities under the new legislation is being prepared.
During this time, employers are to act in good faith in providing
the leave under the new legislation.
Frequently Asked Questions:
Q. Will there be new poster for the FMLA?
A. Yes. The new poster will be updated to reflect the new
expanded protection. Whether the current poster will be revised
or if a new poster will be issued is still to be determined.
The Compliance
Protection Plan ensures that any Federal and/or State
regulation pertaining to posting requirements will be closely
tracked and reviewed to ensure the timely arrival of updated
labor law posters when any posting guidelines has been updated
regardless of the number of updates.
Q. Is there currently a new FMLA poster?
A. No. The new legislation and the guidance on the rights
and responsibilities are still being prepared.
Q. When will the new or updated poster be available.
A. There is no information or timeframe that can be given
on the status of the new or updated FMLA poster. Please continually
check our website for any new information. Be certain that
we will make it a priority to provide the new poster to all
our customers as soon as possible while also replacing our
Compliance
Protection Plan participants as soon as the poster is
available.
Q. Who Will Be Affected By The Amended FMLA?
A. The Family and Medical Leave Act (FMLA), only applies
to employers that employ 50 or more employees for each working
day during each of 20 or more calendar workweeks in the current
or previous year. The 50 employee requirement includes both
full-time and part-time employees. Public agencies, private
elementary and secondary schools are covered employers as
well.
State Plan Vs. Federal Plan
There are currently 11 states that have enacted similar statues
as the Federal Family and Medical Leave Act. These states
are California, Connecticut, Hawaii, Maine, Minnesota, New
Jersey, Oregon, Rhode Island, Vermont, Washington, Wisconsin,
and the District of Columbia.
State FMLA laws may define a certain term in their statue
differently from the Federal FMLA or they may have expanded
more rights for their working citizens. The federal change
that just occurred may not necessarily change the State FMLA
postings but regardless of whether your state has enacted
a state FMLA, the Federal postings must still be complied
with if you’re a covered employer.
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