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FMLA Leave Expansion Signed into Law

February 1, 2008

Miller Canfield issued an alert in December 2007 advising that Congress had passed legislation to expand the Family and Medical Leave Act (FMLA) to provide leave for employees with family members called to or injured in military service. President Bush vetoed the legislation that included the FMLA amendments on December 28, but Congress passed the legislation again in late January.

President Bush signed that legislation, including the FMLA expansion, in to law on January 28, 2008.

As the law does not contain a future effective date, employers should immediately comply with the amendments. The U.S. Department of Labor has already announced that it is working on regulations to further define the legal rights and obligations associated with the new forms of leave.

Miller Canfield's previous alert on this issue, which details the requirements of the new law, can be viewed by clicking here.

For questions regarding any aspect of the FMLA and/or USERRA and employees affected by military duty, contact Miller Canfield's Labor and Employment Group Megan P. Norris at 313.496.7594.