Priscilla Kohl

HR for Small Business Achievers

Recent FMLA Legislative Changes: What Small Business Employers Need to Know

The National Defense Authorization Act for Fiscal Year 2010 was signed into law by President Barack Obama on October, 28, 2009.

Why should small business employers be concerned about a defense-titled bill?

A short answer: This Act modifies the Family and Medical Leave Act of 1993 (FMLA). 

(The U.S. Department of Labor Web site notes on their FMLA reference page that a revision to its compliance guide is "coming soon.")

Basically, the Act includes provisions which extend exigency leave to the family members of those serving on covered active duty with the U.S. armed forces and extends military caregiver leave to qualifying veterans’ family members for up to five years after a veteran leaves service.

Understandably, most small business employers do not have the time or the inclination to read this massive bill. In fact, when users access the link to The National Defense Authorization Act for Fiscal Year 2010, this message appears:

For those wanting to read it—and about 120 pages into the text of the Act, at Section 565—you will find the section titled, "Family and Medical Leave for Families of Service Members."

So initially what actions should small business owners take with respect to this Act and its provisions? My suggestions are as follows:

1. Employers should consult with a human resource professional or an employment attorney and evaluate if/how this Act affects their specific workplace situation and, if necessary, revise their FMLA policy accordingly.

2. Employers should ensure that employees are made aware of any policy revisions.

3. Employers should also provide employees with a copy of the revised policy or direct them to where they can find the revised policy.

Meanwhile employers may want to continue checking the U.S. DOL Web site for updates and compliance guidance.

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