MEA Alert-GINA Posting Requirement & Expanded Military FMLA
GINA (Genetic Information Nondiscrimination Act)
The EEOC has revised its “Equal Employment Opportunity is the Law” poster to reflect the new federal employment discrimination law, including the Americans with Disabilities Amendments Act of 2008, and to add the Genetic Information Nondiscrimination Act of 2008 (GINA), which is effective November 21, 2009.
There is a supplement poster that can be posted alongside EEOC’s September 2002 “EEO is the Law” poster; or a new November 2009 complete version of EEOC’s “EEO is the Law” poster. Both of these options are available, along with additional information about compliance, at: http://www1.eeoc.gov/employers/poster.cfm.
Expanded Family and Medical Leave Act
In addition, President Obama has signed legislation that expands coverage for military leaves under the Family and Medical Leave Act effective 10/28/09. The new law (National Defense Authorization Act for Fiscal Year 2010 – HR 2647) extends coverage for “exigency leave” to the family of all active-duty service members who are deployed in a foreign country. The “exigency leave” was previously only available to family members of those service members in the National Guard or reserves.
The new law also extends coverage of “service member caregiver leave” to include caring for a veteran who is undergoing medical treatment, recuperation, or therapy, for serious injury or illness that occurred at any time during the period of five years preceding the date of treatment.
The caregiver, therefore, would be able to take up to 26 weeks of leave to care for a veteran for up to five years after he or she leaves military service if the veteran suffered a qualifying injury or illness in the line of active duty. This would also include an aggravation of an existing injury or illness occurring while in the line of active duty.
Although the expanded coverage is effective 10/28/09, the US Department of Labor (USDOL) needs to work with the Veterans Administration (VA) and the Department of Defense (DOD) to develop regulations for implementation. MEA recommends, however, that employers immediately comply with the “exigency leave” expansion and offer such leave to family members of all active-duty service members.