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Nevada Military Family Leave Notice

April 9th, 2008 Posted by Amelia

The 2008 NDAA (National Defense Authorization Act) was signed by President George W. Bush, and went into effect immediately. A provision of this law expands unpaid, job-protected FMLA (Family and Medical Leave Act) leave to 26 weeks for military families.

Under the new law, every employer in Nevada and nationwide is responsible for posting the Military Family Leave notice.

Previously, FMLA leave was granted for up to 12 weeks, and family was defined as a child, a parent or a spouse. The 2008 NDAA extends the leave, plus adds “next of kin”, which includes cousins, aunt, uncles and in-laws to the “family” member definition.

Under the new NDAA, family members of active military and of National Guard and Reserve personnel on active duty can take FMLA leave to care for these military personnel when under medical care. Eligible conditions include mental and physical therapy, outpatient treatments and temporary disability from illness or injury.

The NDAA is in effect, but the final regulations have not been published yet.

The U. S. Department of Labor is asking all businesses to grant leave to eligible families as an “act of good faith” until the Secretary of Labor issues the finalized regulations. These regulations, as well as updated regulations for the FMLA, should be published about April 11, 2008.

Though the final regulations are still awaiting publication, employers are required to immediately display the new Military Family Leave poster. This poster is an addition to state and federal labor law posters already required to be displayed. Like those posters, the new Military Family Leave notice must be placed in a permanent position that is a visible to all workers. Any company that does not comply will be penalized.

In 1993, the Family and Medical Leave Act (FMLA) was signed into law. FMLA broke new ground by providing employees with up to 12 weeks of unpaid, job-protected leave for a serious illness.

In early 2008, the National Defense Authorization Act (NDAA) was signed into law and will expand the FMLA for the first time since its enactment. The details of the expansion are still being finalized and the U. S. Department of Labor will publish the expanded FMLA rules in the near future.

FMLA broke new ground in requiring employers to protect the worker’s job. Prior to FMLA, if a worker took a lot of time off from work for illness or surgery, that worker often got fired. Companies had no standard guidelines to follow, and usually handled each case individually.

To be eligible for FMLA an employer must have 50 or more workers within a 75 mile radius, and workers need to be employed for the previous 12 months, for at least 1, 250 hours.

Eligible employees can take FMLA leave for their own serious illness, or to care for a parent, child, or spouse who is ill. Caring for a newborn, a newly fostered child (under the age of 18), or a newly adopted child can also be charged to FMLA leave.

Though the NDAA changes haven’t been published, some FMLA changes have been issued. On February 11, 2008, revisions were enacted to update the medical certification process, and to redefine the time frame for employers to inform workers of their rights under FMLA.

The reporting process for FMLA leave received a major revision. Previously, a worker could take FMLA leave at any time without advising the employer prior to taking time off. The updated regulations will now require employees to follow the employer’s standard procedure for reporting absences. The standard usually requires the worker to notify the company prior to the beginning of his or her shift.