On October 28, 2009, President Obama signed into law the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647), which includes an expansion of the “Qualified Exigency” and “Covered Servicemember Caregiver Leave” provisions for military families under the Family and Medical Leave Act (FMLA). This expansion builds upon substantive changes made to the FMLA in January 2008 and to the FMLA regulations effective January of 2009. The FMLA, including the expanded provisions discussed below, generally applies to eligible employees who work in organizations of 50 or more employees, have worked for their employer for 12 months, and have worked at least 1,250 hours in a 12-month period. Each of the expanded provisions described below was effective upon enactment on October 28, 2009.
Qualified Exigency Leave
Family members (spouse, son, daughter or parent) of active duty service members may now take up to 12 weeks of unpaid qualifying “Exigency Leave” to manage their family members’ affairs. Previously, this leave was limited to family members of those in the National Guard and Reserve.
Employees may qualify for Exigency Leave for a broad range of reasons, including short-notice deployment, military events and related activities, child care and school activities, financial and legal arrangements, rest and recuperation, post-deployment activities, and any other activities to which the employer and the employee have agreed.
Covered Servicemember Caregiver Leave
The FMLA provides for up to 26 weeks of unpaid leave in a 12-month period for an employee to care for a servicemember in his or her family (spouse, son, daughter, parent, or next of kin) who is injured while serving on active military duty. The recent enactment expands this leave to family members (again, spouse, son, daughter, parent, or next of kin) of 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.
Note that the 12-month period begins when the employee takes his or her first day of leave. Employers do not have the option of using the calendar-year method as they do for other types of FMLA leave.
A summary of H.R. 2647 may be found HERE.
Employers covered by the FMLA should modify their existing FMLA policies to incorporate these changes. Additionally, the U.S. Department of Labor may soon amend its suggested FMLA forms found on its website. The Employment Law attorneys at Barley Snyder can assist you in preparing FMLA policies that include the most up-to-date provisions under the FMLA and its implementing regulations. For more information, please contact Jill Welch at 717.399.1521; jwelch@barley or any of our Employment Law attorneys.
Search Publications
Sort Results by:
Publications
Employment Law Alert: FMLA Leave Expanded for Military Families
11/11/2009
