On January 28,2008, President Bush signed HR 4986, section 585, of the National Defense Authorization Act for FY 2008 into law. The new law amends the Family Medical Leave Act regarding injured members of the armed forces and is effective immediately.
The National Defense Authorization Act (NDAA) allows an employee to take FMLA leave for “any qualifying exigency 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.”
According to the Department of Labor, this provision of the NDAA is not effective until the Secretary of Labor issues final regulations defining “any qualifying exigency.”
The Department of Labor is in the process of preparing the required regulations. In the meantime, employers are encouraged to provide leaves of absences to employees who need time off work due to a family members’ call to duty.
The NDAA will likely be in addition to any rights an employee would have under California’s newly enacted AB 392 (see California Employers Must Allow Leave For Spouses of Armed Forces).
Phillip J. Griego & Associates 95 South Market Street, Suite 520 San Jose, CA 95113 Tel. 408-293-6341Original article by Robert E. Nuddleman of Phillip J. Griego & Associates
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