FMLA To Be Modified Today with Expected Signing of Defense Bill
October 28, 2009
With President Obama's expected signing today of the National Defense Authorization Act of 2010, the Family and Medical Leave Act (FMLA) will be modified in several important ways, which should greatly expand the availability and use of military family leave.
Eligible employees will be able to take military caregiver leave for veterans who served in the regular Armed Forces, the Reserves within 5 years of the date the veterans undergoes medical treatment, recuperation, or therapy. Currently, military caregiver leave is only available to care for current members of the Armed Forces, Guard, or Reserves.
Military caregiver leave is expanded to cover aggravation of existing or preexisting injuries incurred in the line of duty while on active duty. Currently, DOL regulations exclude aggravation of existing injuries incurred in the line of duty while on active duty as a basis for taking military caregiver leave. Only where the serious injury or illness rises to the level of a subsequent injury or illness will an employee be entitled to take military caregiver leave for the same covered servicemember.
Qualifying exigency leave is expanded to cover members of the regular Armed Forces who are deployed to a foreign country. Currently, qualifying exigency leave is only available for covered military members in the Reserves or Guard.
The legislation extends qualifying exigency leave to federal employees covered by Title II of the FMLA. Currently, federal employees covered by Title II do not have the right to take qualifying exigency leave.
he legislation directs the U.S. Department of Labor and Office of Personnel Management to work with the Secretary of Defense and the Secretary of Veterans Administration in formulating regulations to carry out the amendments. It is unclear whether the legislation is effective immediately or whether it will become effective with the issuance of implementing regulations.
Employers are expected to review and adjust their FMLA leave policies accordingly to reflect the military family leave amendments.