The expansion of the Family and Medical Leave Act requires covered employers to allow family members of combat-injured military personnel to take up to 26 weeks of unpaid leave to care for the service member. This requirement takes effect immediately. Under the new amendments, employers must also provide employees up to 12 weeks of FMLA leave per year if there is a “military exigency” (as defined by the Secretary of Labor) arising out of the fact that the employee’s spouse, son, daughter, parent, or next of kin is called to active duty. This requirement is not effective until the Dept. of Labor issues its rules, but in the interim, the DOL encourages voluntary compliance until the regulations are published.

Meanwhile, the DOL has sent a draft of its proposed revised FMLA regulations to the Office of Management and Budget for review prior to publication for comment. The revised rules are expected to clarify the definition of serious health condition, and the issue of intermittent leave.