New Law Expands Family and Medical Leave Act

Anita Lichtblau, Esq., CAPLAW

May 2008

            Congress recently expanded the Family and Medical Leave Act (FMLA) in several significant ways.  Effective January 28, 20081, employers must make available up to 26 weeks of caregiver leave during any 12-month period to employees caring for a spouse, son, daughter, parent, or next of kin who is a recovering service member and sustains an injury or illness while on active duty that may render that person unable to perform the functions of the member’s office, grade, rank, or rating.  The new law also adds active duty leave of a close family member to the list of qualifying reasons for up to 12 weeks of FMLA leave.  This provision will allow employees time to deal with “any qualifying exigency… arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty)” in support of certain types of military operations.  The provision concerning active duty leave will not go into effect until the Department of Labor issues final regulations.

1. 128 S. Ct. 1020 (2008)