The Wall Street Journal-20080214-Family-Leave Law to Cover Military Needs

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Family-Leave Law to Cover Military Needs

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A new law will allow some workers to take unpaid time off in conjunction with a family member's military deployment, and to extend leaves available to care for a family member injured in military service.

The Family and Medical Leave Act generally permits qualifying employees to take as many as 12 weeks of unpaid work leave a year in conjunction with the birth or adoption of a child, or to care for themselves or family members with serious medical conditions. Workers can take off a block of time, use days intermittently or work on a reduced schedule.

With the expansion, signed by President Bush Jan. 28, spouses, children, parents or other next of kin of a service member who is seriously injured or ill can now take as many as 26 weeks of leave in a 12-month period. National Guard and Reserves duty are included.

"But, unlike the original FMLA, where workers can take 12 weeks for every 12-month period, this particular provision is applicable only once," notes Lisa Guerin, co-author of "The Essential Guide to Family and Medical Leave" and senior legal editor at the book's publisher, Nolo.

The other addition applies when a family member is on or about to be on active duty in the armed forces. The law says such employees can take as many as 12 weeks of FMLA leave for a "qualifying exigency," a term yet to be defined by the Labor Department.

Says Ms. Guerin: "By broad definition, it applies to any need arising from a family member's military duty, such as having to arrange for child care or spending extra time with a spouse before they go on active duty."

This part of the law will not go into effect until the Labor Department issues final regulations in a few months. Until then, the department encourages employers to provide such leaves.