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On Jan 28, 2008, President Bush signed into law the 2008 National Defense Authorization Act, which among other things provides for up to six months of leave for family members caring for military veterans injured while on active duty in the US Armed Forces and 12 weeks of FMLA leave to family members (spouses, children, parents, or next of kin) of servicemembers called up to active duty, under certain circumstances.
The National Defense Authorization Act amends the Family and Medical Leave Act of 1993, which currently allows for up to 12 weeks of unpaid leave per year to care for their own or a family member’s serious medical condition to qualifying employees. The new provision more than doubles the available time off work to care for injured servicemembers, from 12 to 26 weeks per year, and allows a new category of employees eligible for leave who have immediate family members called to active duty. Members of the armed forces include the National Guard or Reserves, who have suffered serious injury or illness in the line of duty while on active duty, that may render the members medically unfit to perform the duties of their office, grade, rank, or rating. There is a broader application for servicemembers undergoing medical treatment, recuperation or therapy, are in outpatient status or otherwise on temporarily disability retired list, for a serious injury or illness. For this type of leave, the definition of covered employee is expanding to include next of kin, or nearest blood relative, of a covered servicemember.
Employers may require that a request for such leave be supported by certified documentation. They should also amend their FMLA policies to provide employees with notice of these new modifications. Since the new law is a modification of the FMLA 1993 statute, other FMLA requirements such as returning employees be restored to the same position as when their leave commenced, and the requirement to continue group health plan coverage during the leave, will apply to the new allowed types of leaves.
The Dept of Labor is working quickly to prepare more guidelines. (2007 Jackson Lewis LLP, and US Dept of Labor)
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