Stites & Harbison, PLLC

If your Company has recently revised its FMLA policies to comply with the January 2008 Family & Medical Leave Act amendments and the 2009 regulations, it is time to pull the policy out again.  On October 28, 2009, President Obama signed into law the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647).  This new law includes an expansion of the FMLA’s recently enacted exigency and care giver leave provisions for military families.

In January 2008, Congress amended the FMLA to provide for up to 12 weeks of exigency leave for urgent needs related to a reservist’s family members called to active service.  Thus, until now only family members of National Guard and Reservists were eligible for exigency leave.  HR 2647 expands the benefits to include family members of active duty service members as well.

The January 2008 amendments also provided for 26 weeks of unpaid leave for an employee to care for a family member who is injured while on active military duty.  HR 2647 expands the care given leave provision to include veterans who are undergoing medical treatment, recuperation or therapy for serious injury or illness that occurred any time during the four years preceding the date of treatment. 

These provisions are effective upon enactment.  In order to stay compliant with the FMLA notice requirements employers need to revise their FMLA policies as soon as possible to include these new provisions.  Please contact us if you need assistance in revising your FMLA policies.

Shannon A. Hamiltonis a Member in the firm's Louisville office where she is co-chair of the Employment Law Service Group.  Her practice focuses on defending employers against sexual harassment and retaliation claims, covenants not to compete, non-solicitation and confidentiality agreements.  She can be reached at (502) 681-0469 or shamilton@stites.com.