The 2010 National Defense Authorization Act Expands Coverage - 11/24/2009
CLIENT ALERT
On October 28, 2009, President Obama signed into law the Fiscal Year 2010 National Defense Authorization Act (the “Act”), which includes provisions expanding military family leave entitlements under the Family and Medical Leave Act (“FMLA”). The new law expands coverage under the FMLA in two areas:
1. Caregiver Leave. The Act provides 26 weeks of job-protected unpaid leave in a 12-month period to family members who are caring for veterans. Under the new law, family members are entitled to leave to care for veterans who are undergoing medical treatment, recuperation or therapy for a serious injury or illness. A family member is entitled to leave if the treatment necessitating the leave occurs within five years after the veteran leaves the Armed Forces. Previously, such leave was limited to eligible family members of active duty servicemembers in the Armed Forces, including members of the National Guard or Reserves.
2. Exigency Leave. The new law expands exigency leave to eligible family members of active duty service members. Specifically, the Act now permits family members of active duty service members to take up to 12 weeks of unpaid job-protected leave in a 12-month period for a “qualifying exigency” arising out of the active duty or call to active duty status of a spouse, son, daughter, or parent. In addition, the definition of covered active duty has been expanded to included instances in which a member of the regular or reserve components of the Armed Forces is deployed to any foreign country.
Prior to the Act, exigency leave was limited to family members of Reserve and National Guard service members whose deployments related to contingency operations (i.e., an action or operation against an opposing military force).
Unfortunately, it is unclear whether these new amendments are effective immediately or upon issuance of additional regulations from the U.S. Department of Labor. Accordingly, employers should promptly update their FMLA policies as well as educate managers and supervisors of the additional circumstances under which FMLA leave may be available.
For more information or assistance in updating your FMLA policies, contact any Frantz Ward labor and employment attorney at Frantz Ward LLP, 2500 Key Center, 127 Public Square, Cleveland, OH 44114, 216-515-1660, attorneys@frantzward.com .
This document is intended to provide general information about legal developments, not legal advice.
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