HR Hero Audio Conference on CD and Streaming Audio
New FMLA Leave Rules for Servicemembers' Relatives: What Employers Need to Know
Presented by Susan M. Webman, David S. Fortney, and Rodney A. Satterwhite
March 31, 2008

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For the first time since it was enacted in 1993, the Family and Medical Leave Act (FMLA) has been expanded to give employees substantial new leave rights. These amendments, providing leave for employees with family members in the Armed Forces, which was signed by President Bush on January 28, creates two new categories of FMLA leave for the relatives of military personnel. All employers that are subject to the FMLA’s requirements (those that have at least 50 employees) need to be aware of the new requirements and how to comply.

Register today for the encore live audio conference, New FMLA Leave Rules for Servicemembers' Relatives: What Employers Need to Know, and learn how to create a plan of action so your organization can come into compliance as quickly as possible.

In just 90 minutes, employment law attorneys well-versed in military FMLA issues will cover the two new categories of leave available to employees who are related to a servicemember who is called to active duty or injured in the military. (Note that the new provisions apply only to covered employers; i.e., those that have at least 50 employees, and to otherwise FMLA-eligible employees.)

First new type of leave:

• Covers employees who have a spouse, parent, or child who is on or has been called to active duty in the Armed Forces. These workers may take up to 12 weeks of FMLA leave when they experience "any qualifying exigency." ("Qualifying exigency" is to be defined by DOL, but it probably will include -- at a minimum -- covering necessary family and childcare responsibilities of the servicemember when that family member is called to active duty.)
• Employees who request this type of leave are subject to most of the same requirements as other forms of FMLA leave, including employee eligibility and notice requirements, maintenance of benefits, and job reinstatement.
• Employers may require certification that the employee’s family member is on active military duty in accordance with guidance to be provided by the Secretary of Labor.
• Employers should grant these leave requests liberally until DOL defines the term
  "qualifying exigency".

Second new type of leave:

• Employees may take an unprecedented 26 weeks of FMLA leave when a spouse, parent, child, or other blood relative for whom they are "next of kin" incurs a serious injury or illness on active duty in the Armed Forces.
• This 26 week total includes regular FMLA leave.
• Leave may be taken intermittently, but must be completed in a 12-month period.
• This is a one-time leave entitlement.
• "Next of kin" is an entirely new category of family member; it applies only to this specific type of leave.
• "Serious injury or illness" is much broader than the typical serious health condition; it applies only to this specific type of leave. Your speaker will provide a detailed definition.
• As with other FMLA leave, employers may require employees to take this type of leave concurrently with paid leave such as vacation, personal, or sick leave.
• Employers may require certification of servicemember’s health condition.

You'll also learn:

• Steps employers should take now to comply: Notifying employees of new leave entitlements, Revise your current FMLA policies and procedures, keeping an eye out for new regulations from the Department of Labor
• How to distinguish between the new types of FMLA leave and USERRA leave
• How this new leave compares to similar state laws in California, Illinois, Indiana, Maine, Minnesota, Nebraska, and New York
  

The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCIs criteria to be pre-approved for recertification credit.

CREDIT INFORMATION: This program has been approved for 1.5 recertification credit hours through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.

Because New FMLA Leave Rules for Servicemembers' Relatives: What Employers Need to Know is an audio seminar on CD you enjoy:

• Fast, convenient learning without any out-of-office time lost.
• No travel-related expenses or complications.
• The perfect way to train as many employees as you like.

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New FMLA Leave Rules for Servicemembers' Relatives: What Employers Need to Know is $227.

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