Expanded FMLA Leave for Military Families

Expanded FMLA Leave for Military Families

The newly enacted 2010 National Defense Authorization Act, P.L. 111-84, amends the Family and Medical Leave Act to provide greater military family leave entitlements.

Exigency leave is now available to family members of the regular Armed Forces who are deployed overseas.  Previously, the right to take exigency leave – up to 12 weeks in any one-year period to prepare for a sudden call to duty – was limited to family members of those who serve in the National Guard or in the Reserves.

Military caregiver leave is now available to family members of a veteran who served in the Armed Forces within five years of the date on which the veteran begins medical treatment, recuperation, or therapy.  Previously, the right to take military caregiver leave – up to 26 weeks in any one-year period – was limited to family members of those who were on active duty.  Also, the definition of “serious injury or illness” has been broadened to include the aggravation of an existing or pre-existing injury or illness incurred in the line of duty while on active duty.

The legislation does not include an effective date.  It’s best to assume that the law became effective immediately upon signing by President Obama on October 28, 2009, although the responsible agencies have not yet issued implementing regulations.