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Wage and Hour Division (WHD)

The Family and Medical Leave Act and National Defense Authorization Act for FY 2008

On January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110-181. Among other things, section 585 of the NDAA amends the Family and Medical Leave Act of 1993 (FMLA) to permit a "spouse, son, daughter, parent, or next of kin" to take up to 26 workweeks of leave to care for a "member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness."

The NDAA also permits an employee to take FMLA leave for "any qualifying exigency (as the Secretary [of Labor] shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation."

The Department of Labor's Wage and Hour Division published a Final Rule under the Family and Medical Leave Act. The revised final rule became effective on January 16, 2009, and updates the regulations to implement the NDAA. The Federal Register Notice and related documents are available at Wage and Hour's FMLA Final Rule website.

To view the amended Title I of the Family and Medical Leave Act:

Title I of the FMLA, as amended by the National Defense Authorization Act for FY 2008

The information at the link below may also be of interest:

Compliance Assistance - Family and Medical Leave Act