FMLA Leave Protections Expanded for Families of U.S. Soldiers

Before the U.S. Department of Labor (DOL) drafts new regulations and guidance, HR administrators need to understand the law’s basic requirements and communicate the changes to employees. It’s not the ideal scenario, but the law’s congressional sponsors urge employers not to panic about the possibility of a visit from a federal regulator. They realize that employers need time to comply with the new leave requirements.

The expansion requires employers to offer up to 26 weeks of unpaid leave to employees (spouses, children, parents, or next of kin) who provide care for wounded U.S. military personnel. Employers will administer this leave the same way they do now.

Employers should wait for the new regulations to begin administering another part of the law which will provide up to 12 weeks of FMLA leave to the immediate family members (spouses, children, or parents) of military personnel who have a “qualifying exigency.” The Secretary of Labor will define “qualifying exigency” when the new regulations are issued. Some sources have conjectured the term might apply to an overseas assignment, a recall to active duty, or being part of a troop mobilization.

Be sure to watch HR Services’ landing page on the TASB Web site for links to DOL guidance on military leave.

The FMLA expansion is identical to a provision included in an earlier defense authorization package. It is the first expansion of FMLA in nearly 15 years.