President Signs Expansion of FMLA Coverage for Military Families
On October 28, 2009, the President signed the 2010 National Defense Authorization Act (NDAA) that included provisions expanding Family and Medical Leave Act military family leave benefits. The 2010 NDAA extends FMLA exigency leave coverage to family members of active duty members of the Armed Forces. It also expands the potential period during which FMLA caregiver leave might be provided. Now, eligible employees may take FMLA caregiver leave for up to five years after the veteran ends active duty. The expanded FMLA rights are effective immediately. Employers should amend their FMLA policies to reflect these expanded military family leave rights.
FMLA coverage for military families was first extended in 2008. (See our article, FMLA Amendments Extend Leave to Families of Servicemembers.) Under the 2008 expansion of the FMLA, family members of members of the Reserves or National Guard called to active duty were entitled to leave for qualifying exigencies. Qualifying exigencies were further defined in regulations from the Department of Labor that became effective earlier this year. (See our article, Long Awaited FMLA Regulations Released.) The DOL defined this term to include the following eight situations:
(1) short-notice deployment,
(2) military events and related activities,
(3) childcare and school activities,
(4) financial and legal arrangements,
(5) counseling,
(6) rest and recuperation,
(7) post-deployment activities, and
(8) additional activities to address other events which arise out of the covered military member?s active duty or call to active duty status, provided the employer and employee agree that such leave shall qualify as an exigency, and agree to both the timing and duration of such leave.