On Jan. 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act of 2008 (NDAA), which grants new leave rights to employees with family members in the military. Because the NDAA amended the—not the Uniformed Services Employment and Reemployment Rights Act (USERRA)—the changes apply only to employers with 50 or more employees.
The amendment creates a new qualifying reason for leave. Eligible employees may take up to 12 weeks of unpaid leave over a single 12-month period because of “any qualifying exigency” arising from when an employee’s spouse, child or parent is called up for active-duty military service. The law requires the U.S. Secretary of Labor to issue regulations that define what constitutes “any qualifying exigency.” Until the U.S. Department of Labor publishes the full regulations, employers are encouraged but not legally required to comply with this provision...(register to read more)