The final rule for changes to the Family and Medical Leave Act, including additional leave for eligible employees to care for a seriously injured military family member or to prepare for a military deployment, has been transmitted to the Office of Management and Budget by the Dept. of Labor. A final rule could be issued sometime in the next 30 days after OMB completes its review, however, CCH reports that the final rule could be issued as soon as November 1 due to a White House memorandum that final regulations under the exiting Bush Administration should be completed by that date.

The revised rules are expected to clarify the definition of serious health condition, and the issue of intermittent leave. The military family leave amendments require 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 and provide eligible 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 effective once the final rules are published.