MILITARY FAMILIES RECEIVE EXPANDED COVERAGE UNDER THE FMLA
On October 29,2009, President Obama signed into law the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647). The new law includes an expansion of the recently enacted exigency and caregiver leave provisions for military families under the FMLA. In January, 2008, Congress amended the FMLA to provide for Exigency Leave up to 12 weeks of leave for urgent needs related to a reservist family member's (spouse, son daughter or parent) call to active service. H.R. 2647 expands the exigency leave benefits to include family members of active duty service members. Under the current law, only family members of National Guard and Reservists were eligible for "exigency leave".
The FMLA previously provided Caregiver Leave, up to 26 weeks of unpaid leave to an employee to care for a family member (spouse, son, daughter, parent or next of kin) who is injured while serving on active military duty. H.R. 2647 expands the caregiver leave provision to include veterans who are undergoing medical treatment, recuperation or therapy for serious injury or illness that occurred any time during the five years preceding the date of treatment.
Practice pointer. HR must be aware of these changes and be prepared to deal with issues involving the expanded coverage of the FMLA as it applies to exigency leave and caregiver leave.
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