FMLA Protection Expanded for Military Personnel

President Bush recently signed into law legislation that extends Family and Medical Leave Act (FMLA) benefits to military personnel and their families. This legislation, known as the National Defense Authorization Act for Fiscal Year 2008, requires employers to grant eligible employees up to 12 weeks of unpaid leave during a 12-month period when a spouse, child or parent is on active duty or ordered to active duty in the armed forces.

In addition, the act provides that employers must grant eligible employees up to 26 weeks of unpaid leave to care for a wounded service member. Under this provision, the service member must be the employee’s spouse, child or parent, or the employee must be the service member’s next of kin. Employees are entitled to only one 26-week leave period to care for a wounded service member and, although the leave may be taken on an intermittent or reduced-schedule basis, all 26 weeks of leave must be used during a single 12-month period.

Employers should be prepared to implement these new measures as the act takes effect immediately. The Department of Labor is working quickly to prepare comprehensive guidance regarding rights and responsibilities under this new legislation, and we will keep you updated in the event such guidance becomes available. In the interim, if you have any questions about these new measures, please contact our office at 919-403-1986.

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January 31, 2008

Hill, Chesson & Woody Employee Benefit Services

194 Finley Golf Course Rd, Suite 200,
Chapel Hill, NC 27517
Phone: 919.403.1986
Fax: 919.913.0237

www.hcwbenefits.com