Labor and Employment Alert

New FMLA Changes Expand Right to Job Leave Relating to Military Service

On January 28, 2008 President George Bush signed into law two provisions that expand
the benefits of the Family and Medical Leave Act (FMLA) to assist service members and
their families. The Department of Labor (DOL) has requested immediate compliance and
therefore we suggest that you include the provisions below into your policy. (In general,
FMLA applies to employers with 50 or more employees.)

Active Military Duty

Family and Medical leave will be granted for eligible

employees to take up to twelve (12) weeks of FMLA leave
because of any “qualifying exigency” (as determined by the
Department of Labor) that arises from the fact that an
employee’s spouse, son, daughter, or parent is on active
military duty or has been notified of an impending call to
order to active duty in support of a “contingency
operation.”

Military Service Member Caregiver

An eligible employee may take up to twenty-six (26) weeks

of leave in a single twelve (12) month period to care for a
spouse, son, daughter, parent, or next of kin (nearest blood
relative) who as a military service member has suffered a
serious injury or illness while on active duty that causes the
military service member to be medically unfit to serve his
or her military duties.

The DOL announced last week that it has already begun drafting regulations to
implement the new provisions. The DOL also published on February 11th proposed
changes to the FMLA regulations. These proposed changes include new, more
specific guidelines as to what constitutes a serious health condition, intermittent leave,
medical certification requirements, notice and other issues that have befuddled employers
and employees for the past 15 years. The proposed regulations are not yet final. If you
require further information or want to discuss how these new revisions to the FMLA
affect your company, please contact Kenneth Gilberg at (215) 279-9915 or Michael
Homans at (215) 279-9379.