AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT OF 1993
The Family and Medical Leave Act of 1993 was recently amended to assist military service members and their families. A summary notifying you of these changes is described below. This memo supplements our existing policy.
Active Duty Leave
This new provision provides 12 weeks of leave per 12-month period for a "qualifying exigency" arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty). The term "active duty" means duty under a call or order to active duty under a provision of law referred to in section 101 (a)(13)(B) of title 10, United States Code. Although the term "qualifying exigency" was not defined in the new amendments to the FMLA, we will do our best to comply with the spirit of the law until the term is clarified by the Secretary of Labor.
Caregiver Leave
This provision provides that an eligible employee who is the spouse, son, daughter, parent, or next of kin (closest blood relative) of a covered service member is entitled to 26 workweeks of leave during a single 12-month period to care for the service member. The term "covered service member" means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.
As set forth in our FMLA policy, the leaves described above are unpaid, unless we require or the employee elects to use available unused paid time off. Other existing FMLA requirements set forth in our FMLA policy continue to apply to the above leaves as well. Both new types of leave also may be taken intermittently or on a reduced schedule basis. Please direct any questions you may have regarding these leaves to the Human Resources Department.