An expansion of the Family and Medical Leave Act (FMLA) now will extend coverage to employees who have family members called for military service.

President Bush signed the legislation into law early last week. The measure now will require employers to provide up to 12 weeks of unpaid, job-protected leave to employees when a spouse, parent, or child is called into active duty or is currently considered active in the service. Employees who qualify can take leave for any “exigency,” a term which the U.S. Labor Department will further define in regulations in coming months.

The new law also allows qualified employees to take up to 26 weeks of leave to care for family members who are unable to care for themselves or perform normal activities as a result of a military-related injury.

Only employers covered by the FMLA (50 employees within 75 miles) and “eligible employees” (1 year of services and at least 1,250 hours) qualify for this new leave entitlement. Like other types of FMLA leave, health insurance benefits must be continued during the period of leave. Employees are also entitled to reinstatement to the same or an equivalent position. Under both of these new leave policies, employees will be permitted to use the leave incrementally or in the smallest increment that the employer’s payroll system tracks.

This is the first expansion of the law since 1993, when the original law was enacted. Aside from the new measures, the existing law allows employees to take up to 12 weeks of unpaid, job-protected leave following the birth or adoption of a child. The FMLA also allows employees to go on leave if they are suffering from a serious illness or if they need to take care of a sick child, parent, or spouse.

This article was written by
Linda J. Lawrence
LAWRENCE LAW OFFICE
24 W. William St.
Delaware, OH 43015
740-362-1919

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