FMLA COVERAGE EXPANDED FURTHER FOR MILITARY FAMILIES

Last week, President Obama signed the 2010 National Defense Authorization Act (“NDAA”), which included provisions that further expanded the Family and Medical Leave Act (“FMLA”) for military families.  FMLA leave to military families was first extended in January 2008. 

Under the NDAA, military family leave has been expanded as follows:

Qualifying exigency leave:  Covered family members of active duty members of the Armed Forces are now entitled to FMLA leave for a qualifying exigency.  Previously, this type of leave was limited to family members of Reserves or National Guard members who were called to active duty.   

Caregiver leave for injured service member: Covered family members are now entitled to take 26 weeks of FMLA leave to care for a veteran of the Armed Forces, including the National Guard or Reserves, who is undergoing medical treatment or therapy for or recuperating from a serious injury or illness at any time during the five year period preceding the date of treatment, therapy or recuperation.  Previously, this type of leave did not seem to allow family members to care for a service member whose injury or illness manifested itself sometime after the service member became a veteran.         

The FMLA expansions are effective immediately.  Thus, employers must amend their current FMLA policies immediately to reflect these new FMLA rights.  

If you would like assistance in doing so, or if you have any questions about this expansion, please contact Amy B. Royal at (413) 586-2288 or aroyal@rkesq.com.  Also, please join us at our blog at www.rkesq.com/blog where these new changes are being discussed.