Newly Enacted Spending Bill Expands FMLA Military Leave Provisions

On Wednesday, October 28, 2009, President Obama signed into law the National Defense Authorization Act of 2010, which includes provisions expanding certain federal Family and Medical Leave Act (FMLA) rights of military personnel and their families. Most notably, the legislation:

• Expands qualifying exigency leave to cover situations where an eligible spouse, child or parent of the employee is on active duty in the regular Armed Forces. Prior to this legislation, qualifying exigency leave was available only if the employee's relative was a member of the Reserves or National Guard. Qualifying exigency leave may be used for such things as assistance in the event of short-notice deployment, attendance at military events and related activities, assistance with child care and school activities, assistance with financial and legal arrangements, and attendance at counseling sessions.
• Expands military caregiver leave to permit care by a spouse, child, parent, or next of kin for illness or injury of a veteran who served in the regular Armed Forces or Reserves within five years prior to the date the veteran undergoes medical treatment, recuperation, or therapy. Until this legislation, military caregiver leave was available only to care for the illness or injury of current members of the Armed Forces, National Guard, or Reserves. This provision will allow caregiver leave for conditions such as post traumatic stress disorder that may affect service members after discharge. Unlike other forms of FMLA leave, which are limited to a total of 12 weeks of leave per year, military caregiver leave may continue up to 26 weeks in a single 12-month period. The 26-week limit is per service member, per injury.

The legislation did not state when these changes become effective, which means that they may be considered effective immediately, although the Department of Labor has not yet updated the FMLA rights poster available on its website.