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Alaska NDAA

February 11th, 2008 Posted by Amelia

Alaska employers need to be aware of changes to the federal FMLA law under the NDAA. The National Defense Authorization Act of 2008 (NDAA), recently expanded the parameters of the FMLA (Family and Medical Leave Act).

The new act permits spouses, parents, sons and daughters to take FMLA leave to care for an injured soldier. The soldier’s “next of kin” is also covered by the new law, which means in some cases aunts, uncles and cousins may also be able to take FMLA leave.

The soldier may be active military, or a deployed member of the Reserve or National Guard.

In addition to extending leave to families of soldiers, NDAA expands the amount of leave as well. Traditional FMLA allows up to 12 weeks of unpaid leave per year, while the new NDAA permits up to 26 weeks.

In addition to caring for an injured soldier, the NDAA permits spouses, sons, daughters and parents to take unpaid FMLA when a family member is called to active duty. That family member then may stand in for that soldier while he or she is on deployment. This could include taking care of a sick child, or caring for healthy children.

The law went into effect immediately, allowing families to take leave as of January 28, 2008. The U. S. Department of Labor is working to finalize the regulations and hopes that until the information is published, employers will make their best effort to comply.

Prior to passage of this NDAA, FMLA leave could only be used to care for a child, parent or spouse when he or she was ill. Caring for healthy children was permitted only upon birth of a child, the adoption of a child, or newly fostering a child into the home. To illustrate, a stay-at-home mom is diagnosed with a long-term illness. Her husband can take FMLA to care for her, but not take care of their healthy children.

President Bush previously vetoed an NDAA bill with this extended FMLA law, but explained that veto wasn’t due to the leave portion of the bill. This statement opened the door for the expanded FMLA to be attached to another bill and gain its recent passage.

The National Defense Authorization Act of 2008 (NDAA) was recently enacted to expand the FMLA (Family Medical and Leave Act). The FMLA was enacted in 1993 and the recent passage of the NDAA is the first expansion since the act was passed.

The FMLA, a federal law, broke ground as the first law to require employers to provide unpaid, job-protected leave to workers with a serious health issue. Before FMLA, each company made its own decision regarding an employee with ill health, and often simply fired those employees if they missed more than 2 or 3 weeks of work.

FMLA doesn’t apply to all employers, but to those with 50 or more employees within a 75 radius. The employee must meet certain eligibility requirements as well, usually determined by the number of hours worked for that company over the previous 6-12 months.

Eligible companies can provide, under FMLA, up to 12 weeks of unpaid leave to employees for reasons other than the employee’s own health. Caring for a newborn, or a newly adopted child, or a newly fostered child is covered by FMLA. Also, the worker can charge leave to FMLA to care for an ill family member, defined as spouse, parent or child.

Upon return from FMLA leave, the law guarantees that employee a job. If the same position isn’t available, then the employer must provide that worker with a position similar in wages, working conditions and benefits.

Over 10 states have enacted laws to expand FMLA coverage. Some provide FMLA to companies with fewer employees. Other states provide increased benefits. In some of these states, the definition of family member has been amended to include in-laws and grandparents.

How the recent passage of the NDAA 2008 will affect these parameters of the FMLA is still unclear. The U. S. Department of Labor is currently finalizing the regulations and will publish the results.