­President Bush Signs into Law Changes to the Family Medical Leave Act

President Bush recently signed into law the National Defense Authorization Act of 2008.  This act amends the Family Medical Leave Act of 1993 (“FMLA”) by creating two new qualifying events for which an employee may take leave.  Both address leave to be taken by employees who are related to Armed Services members. 

First, the act authorizes a spouse, son, daughter, parent, or next of kin to take up to twenty-six workweeks of leave during a twelve month period to care for a member of the Armed Forces 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.  Second, it allows an employee to take leave for a “qualifying exigency” arising out of the fact that the spouse, son, daughter, or parent of the employee is in the Armed Forces and is on active duty or has been notified of an impending call or order to active duty.  By its express terms, this provision is not effective until the United States Secretary of Labor issues final regulations defining “qualifying exigency.”

These changes impact employment law and employers who are governed by the FMLA.  Such employers should notify employees of the new leave entitlements and should review and update their FMLA policies and procedures to reflect these changes.  Employment lawyers at Clouse Dunn Khoshbin LLP are available to review and revise these policies.  For more information, please write to info@cdklawyers.com.