FEDERAL FAMILY AND MEDICAL LEAVE ACT AMENDMENTS

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FEDERALFAMILY AND MEDICAL LEAVE ACTAMENDMENTS
Presented by William J. Wood, DAS-Employee
Relations Administrator/Chief Negotiator
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FEDERALFAMILY AND MEDICAL LEAVE ACTAMENDMENTS

• Amended January 28, 2008 Public Law 110-181
  (Changes made by Section 585 of the National
  Defense Authorization Act for FY2008). The
  Family and Medical Leave Act is Codified in Title
  29 of the United States Code.

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Title 1---Section 101 DEFINITIONS (These have
been added)

• 14. ACTIVE DUTY
• 15. CONTINGENCY OPERATION
• 16. COVERED SERVICE MEMBER
• 17. OUTPATIENT STATUS
• 18. NEXT OF KIN
• 19. SERIOUS INJURY OR ILLNESS

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Title 1---Section 102 LEAVE REQUIREMENT (New
Provisions)

• (a)(1) ENTITLEMENT TO LEAVE
• (E) Because of any qualifying exigency (as the
  Secretary shall, by regulation, determine)
  arising out of the fact that the spouse, or a
  son, daughter, or parent of the employee is on
  active duty (or has been notified of an impending
  call or order to active duty) in the Armed Forces
  in support of a contingency operation.
• (3) SERVICEMEMBER FAMILY LEAVE. Subject to
  section 103, an eligible employee who is the
  spouse, the son, daughter, parent, or next of kin
  of a covered servicemember shall be entitled to a
  total of 26 workweeks of leave during a 12-month
  period to care for the servicemember. The leave
  described in this paragraph shall only be
  available during a single 12-month period.

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Title 1---Section 102 LEAVE REQUIREMENT (New
Provisions) continued

• (4) COMBINED LEAVE TOTAL. During the single
  12-month period described in paragraph (3), an
  eligible employee shall be entitled to a combined
  total of 26 workweeks of leave under paragraphs
  (1) and (3). Nothing in this paragraph shall be
  construed to limit the availability of leave
  under paragraph (1) during any other 12-month
  period.

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• Leave may be taken intermittently or on a reduced
  schedule when medically necessary.
•  
• The 12 weeks or 26 weeks of leave is unpaid leave
  unless the employee is eligible for paid leave
  and elects, or is required by the employer to
  take paid leave.
•  
• Where need for leave is foreseeable employee
  shall provide notice to the employer that is
  reasonable and practicable.

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SPOUSES EMPLOYED BY THE SAME EMPLOYER

• Servicemember Family Leave limited to 26 weeks
  during the single 12-month period.
•  
• For any FMLA Leave other than Servicemember
  Family Leave the limit is 12 weeks.

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CERTIFICATION

• Medical Certification Required Except For Call To
  Duty.
•  
• Certification Related to Active Duty or Call to
  Active Duty is to be Prescribed by the Secretary
  of Labor.

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DEFINITIONS

• (14) 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.
•  
• (15) CONTINGENCY OPERATION.The term contingency
  operation has the same meaning given such term
  in section 101(a)(13) of title 10, United States
  Code.
•  
• (16) COVERED SERVICEMEMBER.The term covered
  servicemember 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.

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DEFINITIONS (c0ntinued)

• (17) OUTPATIENT STATUS.The term outpatient
  status, with respect to a covered servicemember,
  means the status of a member of the Armed Forces
  assigned to
•  
• (A) a military medical treatment facility as an
  outpatient or
• (B) a unit established for the purpose of
  providing command and control of members of the
  Armed Forces receiving medical care as
  outpatients.

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DEFINITIONS (c0ntinued)

• (18) NEXT OF KIN.The term next of kin, used
  with respect to an individual, means the nearest
  blood relative of that individual.
•  
• (19) SERIOUS INJURY OR ILLNESS.The term serious
  injury or illness, in the case of a member of
  the Armed Forces, including a member of the
  National Guard or Reserves, means an injury or
  illness incurred by the member in line of duty on
  active duty in the Armed Forces that may render
  the member medically unfit to perform the duties
  of the members office, grade, rank, or rating.

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Contact Information

• DAS-Employee Relations Division

William Wood, Administrator 471-4106 william.w
ood_at_nebraska.gov Jeannie OMeara, Emp. Rel.
Representative 471-8292 Gail Brolliar,
Administrative Assistant 471-4104