Significant New Expansions of the Federal Family and Medical Leave Act


All employers subject to the federal Family and Medical Leave Act (“FMLA”) should be aware of the new amendments to the FMLA, which have created significant new leave entitlements for the families of certain military servicemembers. These amendments apply to all employers with fifty or more employees in the United States (including its Territories and possessions). All employers

subject to the FMLA will need to update their policies accordingly, and be prepared to address employee questions about these new leave entitlements.

These amendments were implemented through the National Defense Authorization Act (“NDAA”), which created two new types of FMLA leave: Servicemember Family Leave and Exigency Leave. While Morrison & Foerster will soon publish a more detailed Employment Law Commentary[1] on these new requirements, this alert provides a quick summary of the key requirements:

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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