Labor & Employment Law

National Defense Authorization Act of 2010 Expands the FMLA

Yesterday President Obama signed into law the National Defense Authorization Act of 2010 which greatly expands the federal Family and Medical Leave rights of military personnel and their families.  Some of the notable changes for private sector employers include:

• Eligible employees will be able to take military caregiver leave for veterans who served in the regular Armed Forces, the Reserves within 5 years of the date the veterans undergoes medical treatment, recuperation, or therapy. This differs from current law in that military caregiver leave is now only available to care for current members of the Armed Forces, Guard, or Reserves.

• Military caregiver leave is expanded to cover aggravation of existing or preexisting injuries incurred in the line of duty while on active duty. Currently, DOL regulations exclude aggravation of existing injuries incurred in the line of duty while on active duty as a basis for taking military caregiver leave. When the serious injury or illness rises to the level of a subsequent injury or illness an employee will be entitled to take military caregiver leave for the same covered service member.

• Qualifying exigency leave is expanded to cover members of the regular Armed Forces who are deployed to a foreign country. Currently, qualifying exigency leave is only available for covered military members in the Reserves or Guard.

The U.S. Department of Labor and Office of Personnel Management will work with the Secretaries of Defense and the Veterans Administration in formulating regulations to carry out the amendments, so be careful!

Interestingly, it is unclear whether the legislation is effective immediately or whether it will become effective with the issuance of implementing regulations.

Thanks to Carl Bosland of the FMLA Blog for bringing this important change to our attention.

Full post as published by Strategic HR Lawyer on October 29, 2009 (boomark / email).