Articles

Family and Medical Leave Act Expanded to Protect Military Families

Carol G. Schley
Kupelian Ormond & Magy, P.C.

The Family and Medical Leave Act ("FMLA") was recently expanded to include leave for employees who have family members in the military. In this regard, the FMLA now allows an eligible employee who is a spouse, son, daughter, parent or next of kin to a "covered servicemember" to take up to 26 weeks of FMLA leave in a 12 month period to care for the servicemember who has a serious illness or injury. In addition, an eligible employee may also take up to 12 weeks of leave in a 12 month period 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 a contingency operation." With respect to this second category of leave, regulations are still in the process of being formulated by the Department of Labor to explain what a "qualifying exigency" means.

Employers who are covered by the FMLA must amend their existing FMLA forms, policies and postings to incorporate these recent amendments to the FMLA. If you would like our assistance or have any questions on this or any other employment issue, please feel free to contact Kupelian Ormond & Magy's employment attorneys.