February 29, 2008

To: All University of Virginia Employees (Agency 207)
From: Susan A. Carkeek, Vice President, Human Resources
Subject: New Amendment to Family Medical Leave Act (FMLA)

In late January 2008, President Bush amended the Family Medical Leave Act (FMLA) to provide two new kinds of leave to family members of military personnel. While we are still waiting to hear more about what the Department of Labor may do to regulate these types of leave and what kind of policy changes Virginia’s Department of Human Resources Management may enact in response, I wanted to give you some basic information about the new options available to you.

Call to Duty Leave:
Eligible employees may take up to 12 weeks of leave for a “qualifying exigency” if an employee's spouse, child, or parent is called to active military service. This kind of leave can help with needs like child care. It is important to note that this leave may be taken intermittently.

Service Member Family Leave:
Eligible employees may take up to 26 weeks of leave to care for a family member who is wounded while on active military duty. Employees may use this leave to care for the covered service member while he or she is undergoing medical treatment, recuperation, or therapy for that serious illness or injury. The maximum leave entitlement an employee will be permitted to take during a 12-month period will be 26 weeks. You should know that employers may require certification from the covered service member's health care provider to certify the leave. Employees also may be able to take this leave intermittently.

Important Factors Regarding Eligibility

• Under FMLA, an employee can take leave without pay OR use accrued leave.
• Eligibility requirements remain the same for these two new types of leave as for other leave covered by FMLA—12 months of service and 1250 actual hours worked in the 12 months preceding the leave. This means that wage and part-time employees are also eligible, as long as they meet these requirements.
• However, if you have used or are using Family and Medical Leave in a given calendar year, you will need help in determining whether or not you have any remaining eligibility, since use of the FMLA is cumulative.
• While the “Service Member Family Leave” portion of the amendment is effective immediately, the “Call to Duty” portion is not because the federal Department of Labor has been asked to define some terms and set some rules regarding its implementation.