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. The DOL issued an insert employer’s should post with their current FMLA poster. Employers should be sure to post this insert as any employer who willfully violates this requirement may be assessed a civil monetary penalty not to exceed $100 for each separate offense. This law applies to both large and small group health plans, including self-funded, fully insured and governmental plans. It goes into effect on the first day of the plan year beginning one year after the date the Act was enacted. 

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