Labor Employment Law Blog

In late October, President Obama signed into law a bill that increases protections for families of military personnel who wish to take leave from work under the Family and Medical Leave Act of 1993 ("FMLA"). The new amendments expand on changes implemented less than a year ago requiring that certain employers provide unpaid leave for qualifying family members of military personnel:

The Department of Labor has released a new required poster regarding two recently created types of military family leave.  On January 28, 2008, President Bush signed into law the National Defense Authorization Act for FY 2008 ("NDAA").  The NDAA amends the Family and Medical Leave Act (the "FMLA") by creating two new categories of military family leave.  Section 585(a) of the NDAA provides for a 12 week "qualifying exigency" leave and a 26 week military caregiver leave.

On October 9, 2007, Governor Arnold  Schwarzenegger signed into law a bill requiring California employers to allow spouses of members of the Armed Forces, National Guard or Reserves to take up to 10 days of unpaid time off while the military spouse is on leave from active duty during a period of military conflict.  The law is effective immediately.

Q. Do Employers Have To Tell Employees About Their Right To Military Leave?

The Uniformed Services Employment and Reemployment Rights Act ("USERRA") of 1994 is a federal law that protects the job rights of and ensures reemployment of individuals who voluntarily or involuntarily leave employment positions to undertake military service (including veterans, reservists, and National Guard members).