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A Bodman Workplace Law Group Alert: Military FMLA Leave Expanded by Defense Authorization Act

11/3/2009

The military leave provisions of the Family and Medical Leave Act were expanded by the National Defense Authorization Act of 2010, which President Obama signed on October 28, 2009. As amended, employees of family members in uniformed service have expanded rights to take time off from work to support their military family members.

There are three notable changes in the Act:

  1. The Act expands qualified exigency leave to include family members of members of a regular component of the Armed Forces called to active duty in a foreign country.  Before this Act, exigency leave only applied to family members of service members in the National Guard or Reserves.
  2. The Act expands military caregiver leave to provide coverage for family members of veterans who are "undergoing medical treatment, recuperation, or therapy, for a serious injury or illness."To qualify, the serious illness or injury for which the veteran is being treated must have occurred within the preceding five years of the date that the veteran undergoes the medical treatment, recuperation, or therapy. Previously, the injured person had to be a current member of the Armed Forces.
  3. The Act amends the definition of "serious injury or illness" to include aggravation of injuries that occurred during the preceding five years, even if the pre-existing injuries existed before the service member entered active duty.

The National Defense Act took immediate effect. The FMLA amendments did not specify an effective date. The Department of Labor has not published guidance on the effective date or whether and when it will publish new regulations, forms, or a poster. If an employee requests time off consistent with the expanded military leave provisions, contact counsel.

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