The DOL recently issued new regulations to implement the military family leave amendments to the FMLA contained in the National Defense Authorization Act for FY 2008 (NDAA). The DOL regulations do not, however, become effective until January 16, 2009.
The NDAA created two new categories of FMLA leave: (1) qualifying exigency; and (2) military caregiver leave. The DOL created four new regulatory sections - 825.126, 825.127, 825.309, and 825.310, 825.126 and 825.127 - addressing employer and employee military family leave responsibilities. Generally speaking, 825.126 and 825.127 discuss an employee's entitlement to qualifying exigency and military care giver leave respectively. Sections 825.309 and 825.310 cover certification requirements for taking qualifying exigency and military care giver leave.
This post will address the main points of the DOL's new military family leave regulations for Qualifying Exigency leave ("QE Leave"). Separate Posts will address military care giver leave and changes to the "old" FMLA regulations."