Hot Topics FMLA Addendum - January 29, 2008

Note to MSEC members: The following addendum can be added to your existing FMLA policy to address the FMLA changes that were signed into law on January 28, 2008. Please note that the following addendum is being issued because the statutory changes are effective immediately.

The Department of Labor will be issuing regulations to implement the statutory changes. It is unclear when those regulatory changes will be forthcoming. Such regulatory changes may require an employer to modify the language of this addendum. Once the regulatory provisions are final, it is recommended that an employer incorporate the addendum into the text of their standard FMLA policy.

Family and Medical Leave Addendum
As a result of recent statutory changes to the Family and Medical Leave Act, employees may now take FMLA leave for the following reasons, in addition to standard FMLA. Note that the length of time and who is eligible for each type of leave varies. Except as provided below, the provisions our existing FMLA policy are still applicable.

Eligible employees may be entitled to FMLA leave for any qualifying exigency that arises out of the fact that the spouse, son, daughter or parent of an employee is on active duty or has been notified of an impending call to active duty in the Armed Forces. The length of such leave is limited to 12 weeks in the 12 month period selected in our FMLA policy.

Eligible employees who are the spouse, son, daughter, parent or next of kin of a member of the Armed Forces may be entitled to FMLA leave to care for a service member who incurred a serious injury or illness in the line of duty while on active duty. Such injury or illness must render the service member medically unfit to perform the duties of the member's office, grade, rank or rating. The length of such leave, when combined with other FMLA qualifying leave, is limited to 26 weeks in the 12 month period selected in our FMLA policy.

Click to read the hot topic article: New Family Medical Leave Act (FMLA) Provisions For Military Families