On October 28, 2009, Congress amended the Family Medical Leave Act (“FMLA”) yet again. These changes affect all employers subject to the FMLA, including all private employers with 50 or more employees, all public employers, and all public and private elementary and secondary schools. The amendments already are in force.
In January of 2008, the National Defense Authorization Act (“NDAA”) made significant changes to the FMLA. Under the NDAA, FMLA leave was expanded to include leave for military caregiving and for “any qualifying exigency” arising out of the fact that an employee’s spouse, son, daughter, or parent had been called to active military duty.
The Department of Labor (“DOL”) issued new FMLA regulations on January 16, 2009. The new regulations addressed the changes imposed by the NDAA.
Now, Congress has amended the FMLA yet again, expanding the leave rights granted under the 2008 NDAA.