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New Law Expands Family Military Leave Entitlements

Posted on November 3, 2009 by Littler Mendelson

On October 28, 2009, President Obama signed into law the National Defense Authorization Act for Fiscal Year 2010, legislation that contains provisions expanding Family and Medical Leave Act (FMLA) military family leave entitlements that were enacted by last year's defense authorization bill.  The new law permits the spouse, parent or child of a member of the Armed Forces who is on active duty in a foreign country (or is called to active duty in a foreign country) to take up to 12 weeks of job-protected leave in a 12-month period for a "qualifying exigency." A broad range of events and activities are considered qualifying exigencies, including preparing for short-notice deployment; arranging for child care; making financial and legal arrangements; rest and recuperation; post-deployment activities; counseling; and military events and related activities.  Prior to this Act, exigency leave was limited to family of Reserve and National Guard members.

The Act also enables military caregivers to take up to six months (26 workweeks) of leave in a single 12-month period to care for a covered service member or veteran who is undergoing medical treatment, recuperation, or therapy; is otherwise in out-patient status; or is on the temporary disability retired list for serious injury or illness.  Family members of veterans may take this leave so long as the veteran was a member of the Armed Forces at some point in the five years preceding the date on which the veteran undergoes the medical treatment or receives the therapy that necessitates the leave.

For more details on these expanded leave entitlements and recommendations for employers, continue reading "Congress Adds Additional Family Military Leave Entitlements to the FMLA," written by Mark T. Phillis.

Tags: Caregiver Leave, Military
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