Important Amendments to the Family and Medical Leave Act

Greenberg Glusker Labor Bulletin

On January 28, 2008, President Bush signed a Department of Defense spending bill that contains within it significant amendments to the federal Family and Medical Leave Act (FMLA).  All employers with 50 or more employees must be aware of these expansions to the FMLA, which became effective immediately upon the signing of the bill, so that they remain compliant with the protected leaves of absence available to their employees.

The FMLA has always provided qualifying employees up to 12 weeks of unpaid leave within a 12-month period to care for their own serious health condition, the serious health condition of a parent, child or spouse, or to bond with a new child.  This new bill creates the following two new types of FMLA protections for spouses, sons, daughters and parents of members of the United States Armed Forces:

• such relatives are permitted to take up to 26 weeks of unpaid protected leave from work in a 12-month period to care for an injured servicemember; and
• such relatives are permitted up to 12 weeks of unpaid protected leave in a 12-month period because of any “qualifying exigency” arising out of the fact that the servicemember is on active duty or has been notified of an impending call or order to active duty in the United States Armed Forces.

What the FMLA Amendments Mean to Employers
All employers, regardless of size, are required to post an updated FMLA poster, reflecting these amendments, in a conspicuous place.  In addition, all employers with at least 50 employees should update their FMLA policies to reflect these changes in the law and the expanded protections the FMLA now provides to qualifying employees.

For more information regarding these FMLA amendments, or for requests to have your policies and handbooks updated, please contact Nancy Bertrando, Chair of Greenberg Glusker's Employment Law Group.