FMLA Servicemember Leave–“Active-Duty” Leave

The FMLA now provides two completely new categories of leave for employees who are related to a servicemember who is called to active duty or injured in the military.

The first type of leave is triggered when the employee’s relative is called to active duty. It is designed to enable servicemembers’ family to get FMLA time off to make the arrangements necessary for the servicemember’s departure. Below is a short summary of the need-to-know points for this first type of new FMLA leave. Continue reading

Thank You to Everyone Who Attended the Annual Employment Law Seminar

Our Annual Seminar for Employers was held today at the Chase Center on the Riverfront in Wilmington, Delaware. The attendance at the seminar was our best ever, with more than 130 of Delaware’s best human resource professionals, labor relations specialists, senior managers, and small business owners. Continue reading

Changes on the Horizon: FMLA Update Part 1


Four little letters that strike terror in the hearts of HR Managers around the country. And it’s not for want of trying. Employers want to comply–they really do. But the FMLA doesn’t make it easy. Enacted with good intentions, the statute and its enforcement regulations have become one of the biggest employer complaints. Business groups have been calling for a substantial revision of the “FMLA Regs” for some time. The Regs have made compliance cumbersome and difficult to truly understand. Unfortunately, they have also enabled the statute to be grossly misused by not-so-well-intended employees. Continue reading

FMLA Amendment: National Defense Authorization Act

On January 28, 2008, President Bush signed into law the National Defense Authorization Act for FY 2008 (NDAA). One section of the NDAA is an amendment to the Family and Medical Leave Act of 1993 (FMLA). The NDAA became effective immediately following the President’s signature. The Department of Labor (DOL) has not issued regulations, though. Until they do, the DOL announced that it will not look to enforce the Act so long as employers are complying “in good faith.” Continue reading