New Leave Rights Covered Under FMLA for Military Families
As a result of the National Defense Authorization Act for fiscal year 2008 (NDAA), the Family Medical Leave Act of 1993 (FMLA) has been amended to include two new leave rights for military families. These new FMLA rights which became effective on January 28th are: 1) a new qualifying reason for leave, and, 2) a new leave entitlement for military caregivers.
1) The new qualifying reason for leave entitles an employee to take up to 12 weeks of leave for a “qualifying exigency” which is due to a spouse, son, daughter, or parent being on active duty, or having been notified of an impending call to active duty, in support of a contingency operation. Although a formal definition of “qualifying exigency” has yet to be published, the Department of Labor encourages everyone to provide this type of leave to all qualifying employees.
2) The new military caregiver leave entitlement applies to an “eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty.” This leave provides the employee with up to 26 weeks of leave in “a single 12-month period” to care for the service member.
Further information regarding the changes to FMLA and how they should be administered can be found through the following links provided by the Department of Labor:
Title I of the FMLA, as amended by the National Defense Authorization Act for FY 2008
Compliance Assistance – Family and Medical Leave Act
Another Record Setting Year in 2007 for OFCCP
2007 represented another record setting year for the Office for Federal Contract Compliance Programs (OFCCP) in terms of the amount of financial remedies obtained, the number of workers recompensed, and the number of compliance evaluations conducted. In summary, approximately 5,000 reviews resulted in over $51 million collected in back pay and annualized salary and benefits for over 22,000 U.S. employees; 98% of the settlements involved some form of systemic discrimination. These financial remedies represent a 78% increase since fiscal year 2001 and provide further incentive for federal contractors to ensure that their workplace is free from discrimination. For further information please see OFCCP 2007 enforcement updates by clicking here.
Updated on February 19, 2008 (Source: Peopleclick EEO and AA Digest, (35), published 2/5/08)