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Overview
Covered employers must grant an eligible employee up to a total of 12 workweeks
of unpaid leave during any 12-month period for one or more of the following
reasons:
- for the birth and care of the newborn child of the employee;
- for placement with the employee of a son or daughter for adoption or foster care;
- to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- to take medical leave when the employee is unable to work because of a serious health condition.
Key News
- The Department of Labor's Wage and Hour Division published a Final
Rule under the Family and Medical Leave Act. The final rule became
effective on January 16, 2009, and updates the FMLA regulations to
implement new military family leave entitlements enacted under the National
Defense Authorization Act for FY 2008. It also includes revisions in response
to public comments received on the proposed rule issued in February 2008.
The Federal Register Notice and related documents are available at Wage
and Hour's FMLA Final Rule website.
(November 17, 2008).
-
The President signed into law H.R. 4986, the National Defense Authorization Act
for FY 2008 (NDAA), Pub. L. 110-181. Among other things, section 585 of the NDAA
amends
the Family and Medical Leave Act of 1993 (FMLA) to permit a "spouse, son, daughter,
parent, or next of kin" to take up to 26 workweeks of leave to care for
a "member of the Armed Forces, including a member of the National Guard or Reserves,
who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient
status, or is otherwise on the temporary disability retired list, for a serious injury
or illness." The NDAA also permits an employee to take FMLA leave for
“any qualifying exigency (as the Secretary [of Labor] shall, by regulation, determine)
arising out of the fact that the spouse, or a son, daughter, or parent of the employee
is on active duty (or has been notified of an impending call or order to active duty)
in the Armed Forces in support of a contingency operation.” By its express terms,
this provision of the NDAA is not effective under the Secretary of Labor issues
final regulations defining “any qualifying exigency.” Additional information and
a copy of Title I of the FMLA, as amended, are available on the
FMLA NDAA Web site.
(January 28, 2008)
General Guidance
Fact Sheets
e-Tools
- elaws Employee/Employer Advisor (a revision is coming soon)
- Federal vs. State Family and Medical Leave Laws (a revision is coming
soon)
Posters
Forms
Interpretive Guidance Opinion Letters
Applicable Laws, Regulations, Rules, and Histories
- Law
- Regulations
- Federal Register
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