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Military family leave: DOL regs spell out employee rights

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in Employment Law,FMLA Guidelines,Human Resources

THE LAWOn Jan. 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act of 2008 (NDAA), which granted new leave rights to family members of employees in the military.

Because the NDAA amended the FMLA, and not the Uniformed Services Employment and Reemployment Rights Act, it applies only to employers with 50 or more workers.

The amendment created a new qualifying reason for leave. Eligible employees may take up to 12 weeks of unpaid leave over a single 12-month period due to “any qualifying exigency” arising from the active military service or call to active duty of a spouse, child or parent.

What's new

In January 2009, the U.S. Department of Labor issued new FMLA regulations that incorporated the NDAA. The regulations, for the first time, defined what a “qualifying exigency” is under the law. The new regulations divide qualified exigencies into seven categories:

1. Short-noti...(register to read more)

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