Law Firms Advise on Military Leave Issues, as Employers Await New FMLA Regs
Corrected: Employers and the attorneys who advise them need to be on the lookout for new issues that may now arise under revisions of the Family Medical Leave Act. Congress has recently expanded the law to allow new forms of military leave, but meanwhile the U.S. Department of Labor has proposed regulations that eliminate what employers may consider loopholes in the FMLA.
Under new legislation signed by President George Bush on Jan. 28, workers with family members serving in the military can take up to 26 weeks of FMLA leave to care for a soldier who is injured or ill, and up to 12 weeks if a “qualifying exigency” arises from a family member’s active duty assignment, notes Paul, Hastings, Janofsky & Walker in a law firm newsletter (PDF).
Although the latter form of military leave won’t become effective until the Secretary of Labor issues regulations defining what a qualifying exigency is, the Labor Department is urging employers to comply with the spirit of the law in the meantime. So employers should use their best judgment about doing so, and “interpret the term broadly,” the 1,200-attorney Los Angeles-based international firm recommends.
Additionally, “employers should be aware that time off under this new legislation may be in addition to family leave available under state law,” notes Littler Mendelson in a press release (reg. req.) issued by the 600-lawyer national labor and employment firm.
At the same time, under proposed new rules issued by the department last month, some loopholes in existing FMLA standards for nonmilitary workers are eliminated, writes the Wall Street Journal in an editorial today.
“Many Democrats on Capitol Hill want to expand the law even further, imposing it on businesses with fewer than 50 employees, and making companies provide paid days off,” the newspaper writes. “But that would only expand the costs, and make employers even more reluctant to hire in the first place—as in Europe. Meantime, the new rules will help ensure that family leave is taken by employees who really need it, not by slackers gaming the system.”
Pittsburgh Tribune-Review: “Scrutiny surrounds family leave law”
Kansas City Star: “Labor Department says upcoming revisions of Family Medical Leave Act won’t be sweeping”
Society for Human Resource Management: “Senate Approves FMLA Expansion for Military Families”
Associated Press: “Changes in Family Leave Act Proposed”
Corrected at 12:40 p.m., CT, on Feb. 6, 2008 to reflect additional leave time available to care for a family member in the military who is injured or ill.
