Family and Medical Leave Act Changes for First Time in 15 Years

The Family and Medical Leave Act of 1993 (FMLA) has changed for the first time in 15 years.The U.S. Department of Labor has confirmed that the required FMLA poster will be revised to reflect the changes in the law. We will update our federal poster as soon as the Wage and Hour Division issues the new version of the FMLA notice, which is currently being developed.

The FMLA notice must be posted by all covered employers, which means those with 50 or more employees, as well as public agencies and elementary and secondary schools regardless of the number of employees.

On January 28, 2008, President Bush signed HR 4986, the National Defense Authorization Act for FY 2008, which includes a section that expands the FMLA for military service members.

Section 585 of the National Defense Authorization Act (NDAA) legislation amends the 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 provisions providing this leave went into effect on the date the President signed the bill into law, according to the U.S. Department of Labor website.

Another FMLA provision in the NDAA permits an employee to take FMLA leave for “any qualifying exigency” related to the fact that the spouse or a son, daughter, or parent “is on active duty in the Armed Forces in support of a contingency operation”. This provision is not effective until the Secretary of Labor issues final regulations with a definition of “any qualifying exigency”.

You can order our updated federal poster to stay in compliance with the FMLA change OR you can choose the permanent solution favored by many HR managers — our 1-Year Compliance Protection plan.

For further information about the changes to the FMLA, you can go to the U.S. Department of Labor website at www.dol.gov/esa/whd/fmla/NDAA_fmla.htm. For more information please contact us– Thank you.