New Law Expands Family and Medical Leave Rights of Military Families
Last week, President Obama signed into law the National Defense Authorization Act of 2010, H.R. 2647, which includes an expansion of the rights of relatives of military personnel under the federal Family and Medical Leave Act (FMLA). Two years ago, the National Defense Authorization Act of 2008 created two new types of leave under the FMLA: “qualifying exigency leave” and “military caregiver leave.” H.R. 2647 is an expansion of those military family leave entitlements.
Changes to Qualifying Exigency Leave
Prior to the enactment of H.R. 2647, eligible employees were entitled to take up to 12 weeks of job-protected leave in the applicable 12-month period for any “qualifying exigency” arising out of the active duty or call to active duty status of an employee’s spouse, son, daughter, or parent. However, qualifying exigency leave was only available to a family member of a servicemember in the National Guard or Reserves and did not extend to family members of servicemembers in the regular Armed Forces. The new law extends exigency leave benefits to family members of regular active duty servicemembers.
Changes to Military Caregiver Leave
Under the 2008 amendments to FMLA, eligible employees are entitled to take up to 26 weeks of job-protected leave in a single 12-month period to care for a “covered servicemember” with a serious injury or illness that was incurred by the servicemember in the line of duty on active duty. Under that 2008 law, a “covered servicemember” was a current member of the Armed Forces, including a member of the National Guard or Reserves, who was undergoing medical treatment, recuperation, or therapy, was otherwise in outpatient status, or was otherwise on the temporary disability retired list, for such injury or illness.
The new law extends military caregiver leave to include caregivers for recent veterans. Specifically, the law expands the definition of “covered servicemember” to include a veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the previous five years.
Effective Date
These amendments to the military family leave entitlements under the FMLA are effective immediately. Accordingly, employers should evaluate the effect that these changes will have upon their workforces and adapt their policies, procedures, and practices to these changes.
Print PDF