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President Signs FMLA Military Expansion Into Law



An expansion of the Family and Medical Leave Act (FMLA) now will extend coverage to employees who have family members called for military service.

President Bush signed the legislation into law early last week. The measure now will require employers to provide up to 12 weeks of unpaid, job-protected leave to employees when a spouse, parent, or child is called into active duty or is currently considered active in the service. Employees who qualify can take leave for any “exigency,” a definition which the U.S. Labor Department will further define in regulations in coming weeks.

The new law also allows qualified employees to take up to 26 weeks of leave to care for family members who are unable to care for themselves or perform normal activities as a result of a military-related injury.

Last week's expansion of the law is the first since 1993, when the original law was enacted. Aside from the new measures, the existing law allows employees to take up to 12 weeks of unpaid, job-protected leave following the birth or adoption of a child. The FMLA also allows employees to go on leave if they are suffering from a serious illness or if they need to take care of a sick child, parent, or spouse.

Written by Jenny Cromie, certified human resources specialist (CHRS)


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