Alert: Bill Expanding FMLA on President's Desk

By a vote of 91-3 the Senate yesterday passed legislation that would expand the FMLA.  The expansion of the FMLA was included as part of the National Defense Authorization Act for Fiscal Year 2008 (H.R. 4986).  The bill passed the House last week by a vote of 369-46.

The language expanding the FMLA is contained in Section 585 of the bill.  The bill expands the FMLA in three significant ways. 

First, the bill adds two categories of covered conditions permitting an eligible employee to take FMLA leave. An eligible employee may take FMLA leave due to "exigencies" (to be defined by the Department of Labor) related to active military duty.  An employee may also take leave to care for a family member with a "serious illness or injury" incurred in the line of active duty.  Second, the bill allows an eligible employee to take up to 26 weeks of FMLA leave once to care for an injured servicemember.  Third, the legislation adds "next of kin" to the family members entitled to take FMLA leave to care for an injured servicemember. 

Significantly, White House spokesmen Tony Fratto said that President Bush is expected to sign the revised legislation.

Comment: The first major expansion of the FMLA since 1993 may  happen any day now.  Stay tuned!