Recently, FMLA was amended by the National Defense Authorization Act for FY 2008. The changes affected by these amendments include allowing employees to take up to twelve weeks of leave for any “qualifying exigency” arising out of the fact that a covered military member is on active duty, or has been notified of an impeding call or order to active duty, in support of a contingency operation. Additionally, employees are allowed to take up to twenty-six weeks of leave to care of a covered service member with a serious injury or illness.
To be eligible for FMLA benefits an employee must:
- Work for a covered employer (any public agency, including state, local, and federal employers and any private sector employer with fifty or more employees);
- Have worked for the employer for a total of at least twelve months (need not be consecutive);
- Have worked at least 1,250 hours in the previous twelve months.
If an employee is eligible for FMLA leave, the employer must grant him or her up to a total of twelve weeks unpaid leave during any twelve month period, if one of the following events occurs:
- The birth and care of a newborn child of the employee;
- Placement with the employee of a son/daughter for adoption or foster care;
- A spouse, son, daughter, or parent with a serious health condition requires care;
- The employee suffers from a serious health condition; or
- Qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter or parent is on active duty in the military.
It is unlawful for an employer to interfere with, restrain or deny the exercise of any right provided by FMLA. If you feel that your rights have been violated, you are urged to contact an employment law attorney.