Total Articles: 18
DOL Releases Proposed Rule Expanding Leave Entitlement for Military Caregivers and Flight Crew Members
On January 30, 2012, the Department of Labor (DOL) released a proposed rule that implements the Family and Medical Leave Act (FMLA) amendments made by the National Defense Authorization Act for FY 2010 (FY 2010 NDAA) and the Airline Flight Crew Technical Corrections Act. Both laws enacted in 2009 entitle more employees to family and medical leave under the federal FMLA.
DOL Releases Proposed Rule Implementing FMLA Amendments Expanding Leave Entitlement for Military Caregivers and Flight Crew Members
The Department of Labor has released a proposed rule (pdf) that implements the Family and Medical Leave Act (FMLA) amendments made by the National Defense Authorization Act for FY 2010 (FY 2010 NDAA) and the Airline Flight Crew Technical Corrections Act. Both laws enacted in 2009 entitle more employees to FMLA leave.
FMLA Military Leave Has Its Limits.
Question: One of our employees has a son who is an army recruit and he is about to complete basic training. There will be a ceremony which the employee would like to attend, but she would need to take two days off for work. Would this leave be protected under the FMLA?
Can't Keep Up With The FMLA-Military Amendments? Apparently, Neither Can The DOL.
If you are still getting up to speed on the new military provisions in the Family and Medical Leave Act (either the 2008 amendments, the January 2009 regulations, or the October 2009 amendments to the 2008 amendments), don’t feel too bad. The U.S. Department of Labor, which enforces the FMLA, is also behind the curve.
DOL Plans to Review Family Military Leave Amendments to FMLA Regulations.
The U.S. Department of Labor (DOL) has stated that it plans to review regulations implementing the new military family leave amendments to the Family and Medical Leave Act that were included in the National Defense Authorization Act for FY 2008 (NDAA). The agency will also review other provisions of the FMLA regulations that were revised and implemented in January 2009. This statement was included in the DOL's published Regulatory Plan, which, according to the Department, "highlights the most noteworthy and significant regulatory projects that will be undertaken by its regulatory agencies."
Congress Expands Family Military Leave (pdf).
Congress Expands Family Military Leave.
MORE CHANGES TO THE FMLA AND OTHER LEGISLATIVE DEVELOPMENTS.
Just when employers were starting to get familiar with all of the recent changes to the Family and Medical Leave Act ("FMLA), last week President Obama signed into law yet another expansion of the FMLA military leave provisions. These changes are found in the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647). The new law, which is effective immediately, expands the so-called "qualifying exigency" and "military caregiver" leave provisions under the FMLA.
Congress Expands FMLA - Again.
For the second time in the last
two years, Congress has
expanded the scope of the
Family and Medical Leave Act
(“FMLA”). On October 28,
2009, President Obama signed
into law the National Defense
Authorization Act for Fiscal Year
2010 (the “Act”).
FMLA's Military Leave Provisions Expanded.
On October 28, 2009, President Obama signed the National Defense Authorization Act for Fiscal Year 2010 (the "NDAA"), which, among other things, expands the scope of the provisions of the Family and Medical Leave Act (FMLA) pertaining to leave for qualifying exigencies and military caregiver leave. Specifically, the NDAA now permits family members of active duty service members to take leave for a qualifying exigency. Previously, only family members of National Guard and Reservists called to active duty in support of a contingency operation were permitted to take leave for a qualifying exigency. The NDAA also extends the scope of military caregiver leave to families of certain veterans, who previously were not covered by the provision. It also permits military caregiver leave for serious injuries or illnesses that are the result of pre-existing conditions that were aggravated by service while on active duty.
Congress Expands Military FMLA Leave.
Less than a year after the Department of Labor issued regulations implementing and clarifying new forms of military-related FMLA leave, Congress has approved measures that will substantially expand the scope of these provisions. On October 28, 2009, President Obama signed into law the 2010 National Defense Authorization Act, which among other things extends eligibility for "qualifying exigencies" and military caregiver leave to a larger population of employees. The legislation does not include an effective date, suggesting that it took effect immediately upon the President's signature.
FMLA Update: Department of Labor Publishes "Qualified Exigency" Military Leave Form.
The Department of Labor has published a new form for use in connection with "qualified exigency" leave under the FMLA's recently added military family leave.
FMLA Expanded To Permit Leave for Family Members of Military Personnel (pdf).
On January 28, 2008, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2008 (NDAA), which contains a provision amending the Family and Medical Leave Act (FMLA) for the first time since the FMLA was enacted in 1993. The NDAA amendment expands the FMLA for employees in military families.
Expansion of FMLA Leave for Families of Service Members.
President Bush has signed the first amendment of the FMLA since Congress passed the original law in 1993. As initially drafted, the FMLA requires employers of more than 50 employees to approve unpaid leave for employees. The terms of FMLA leave include up to 12 weeks of time off for eligible employees to care for themselves or a family member’s serious health condition.
FMLA Now Permits Time Off for Family Members of Military Personnel (pdf).
Effective January 28, 2008, the Family and Medical Leave Act (FMLA) was amended to provide protected leave for employees who need time off to handle “exigencies” related to an immediate family member’s military service or call-up for service, and to care for a family member who is injured during military service.
DOL Addresses Effective Date of New FMLA Requirements.
The Department of Labor (DOL) has published an information page regarding the recent amendment to the Family and Medical Leave Act (FMLA) contained in the Defense Authorization Act for 2008 (NDAA). As discussed in our prior Alert, on January 28, 2008, the President signed the NDAA which, among other things, amended the FMLA to give the “spouse, son, daughter, parent, or next of kin” of a member of the Armed Forces up to 26 weeks of leave to care for the service member “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.”
President Signs Bill Expanding FMLA Protection for Military Family Members.
On Monday (January 28) the President signed the National Defense Authorization Act for Fiscal Year 2008, which includes, among other things, the first expansion of the Family and Medical Leave Act (FMLA) since that law was enacted in 1993. Identical provisions were included in a prior version of the law presented to the President in December 2007; however, he pocket vetoed that legislation because of concerns about provisions that would expand the ability of Americans to seek financial compensation from countries that supported or sponsored terrorist acts, including Libya, Iran and Iraq under Saddam Hussein.
New Law Expands Family and Medical Leave Act.
This past week, the House of Representatives passed a revised version of the National Defense Authorization Act, which was primarily intended to address concerns over litigation surrounding the Gulf War. But one section of that bill included provisions extending FMLA protection to close family relatives of uniformed service members. The Senate subsequently passed the same bill by a resounding vote of 91 to 3. On January 28, 2008, President Bush signed the bill into law, and some of its provisions are already in effect.
New Law Offers Enhanced FMLA Leave for Families of Military Personnel.
Yesterday, President George Bush signed into law the National Defense Authorization Act for Fiscal Year 2008 which includes two provisions that expand the benefits of the Family and Medical Leave Act (FMLA) to assist service members and their families. One provision requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave a year for a "qualifying exigency" connected to the active duty status of an employee's spouse, son, daughter or parent ("active duty leave"). The other provision entitles eligible family members to take up to 26 weeks of unpaid leave to care for a wounded servicemember ("caregiver leave").
