FMLA leave for military families passes Congress

HR Magazine, Jan, 2008 by Bill Leonard

The first expansion of the Family and Medical Leave Act (FMLA) since 1993 cleared a final hurdle in Congress when the Senate voted 90-3 to approve the National Defense Authorization Act (H.R. 1585) on Dec. 14, 2007. The measure had passed the House of Representatives just two days before, also with overwhelming bipartisan support.

The legislation moved to the White House, where, as of press time for HR Magazine, officials indicated that President Bush would sign the bill into law. A committee of members from both houses of Congress crafted the final version of H.R. 1585, which includes a provision granting FMLA-protected leave to workers who provide care to wounded U.S. soldiers and to family members of military reservists called to active duty.

The final version of the leave provision is a combination of several different proposals that have been under consideration in Congress for months. Most of the proposals surfaced after the President's Commission on Care for America's Returning Wounded Warriors issued a list of recommendations in March 2007.

The final measure requires employers to provide 12 weeks of FMLA leave to the immediate family members (spouses, children or parents) of reservists and members of the National Guard who are called to active duty in the U.S. military. Under the new law, employers also must provide up to 26 weeks of unpaid leave to employees who are caring for family members wounded while serving in the U.S. military. Workers can take the leave in increments of the shortest time periods tracked by their employers' payroll systems.

The measure does not include an effective date for the FMLA leave expansion. Members of Congress have said they are well aware that employers need time to prepare for implementation of the new provision. Officials with the Department of Labor have also stated that they will need time to draft new regulations.

"We are seeking further guidance on when and how the new leave provisions will take effect," said Lisa Horn, manager of health care in the Society for Human Resource Management's Governmental Affairs Department. "Until we hear otherwise, we are recommending to employers that they should be ready to comply with the new leave requirements when the president signs the bill into law."

BILL LEONARD IS SENIOR WRITER FOR SHRM ONLINE.

RELATED ARTICLE: What the Bill Requires

* 12 weeks of FMLA leave to the immediate family members of reservists and members of the National Guard called to active duty.

* 26 weeks of FMLA leave to employees caring for family members wounded while serving in the U.S. military.