In early 2008, President Bush signed into law the National Defense Authorization Act of 2008, which made significant changes to the Family Medical Leave Act (FMLA). Specifically, these changes allow for two new types of leave for members of the military and their families. First, the FMLA now provides for up to twelve weeks of leave because of a "qualifying exigency" arising out of the fact that a spouse, son, daughter, or parent of an employee is on active military duty, or has been notified of an impending call to active military duty. Second, the new provisions allow up to twenty-six weeks of leave for a service member undergoing medical treatment, recuperation, or therapy for a "serious injury or illness" incurred in the line of duty. The Department of Labor is expected to issue new regulations by November 1, 2008, expanding on the meaning of these new requirements. The new regulations will also impact other aspects of the FMLA, providing guidance on issues such as what qualifies as a "serious health condition" under the FMLA and what notice are employees required to give employers regarding anticipated medical leaves.

This presentation will address these changes to the FMLA, how they interact with the requirements of the federal Uniformed Services Employment and Reemployment Rights Act ("USERRA"), and how they will impact employers' family and medical leave policies and practices.