FMLA Clarification

Kegler Brown E-mployment Alert

Our “e-alert” last Friday reported the new amendments to the FMLA for military-related leave. Most employers already grant some form of leave for such exigent circumstances and, for most employers, the new leave requirements should not pose a hardship.

However, many employers were hoping for a different type of amendment. Last year, the Department of Labor sought public comment on the FMLA, and intermittent leave was among the most frequent comments. Many hoped that new regulations or a new amendment would tighten and curb some of the perceived intermittent leave abuses. However, the new amendment does not address any problematic areas of the existing law; hence, the title of the Alert - “FMLA Amended - But Not In A Good Way.” We certainly did not mean to imply that granting leave to employees whose family members are called to duty or injured in the Armed Services is not a good or justifiable goal.