FMLA Military Caregiver Leave Expanded

October 27th, 2009 | By

           The military caregiver leave provisions of the  FMLA were expanded with the recent enactment of  section 565 of the National Defense Authorization Act of 2010, as follows:

            (1)  Eligible employees will be able to take Military Caregiver Leave for covered servicemembers who are veterans undergoing medical treatment, recuperation, or therapy, or who are otherwise in an outpatient status, for a serious injury or illness and who were a member of the Armed Forces (including the National Guard and Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy.   An eligible employee may take up to 26 weeks of leave during a single 12 month period, which commences on the date that the employee first takes such leave.  [Note: Previously, such leave was only available to care for current members of the Armed Forces, Guard, or Reserves.]

            (2)  “Serious illness or injury” is now defined as an injury or illness that was incurred by the member or by a veteran while in the line of duty on active duty in the Armed Forces or which existed before the beginning of the member’s active duty and was aggravated by service in the line of duty while on active duty in the Armed Forces and that may render that member medically unfit to perform the duties of the member’s office, grade, rank, or rating . [Note: These changes have now included veterans as well as certain preexisting conditions that were aggravated while on active duty].

          (3)  Qualifying Exigency Leave will now also cover members of the regular Armed Forces during their deployment to a foreign country.  [Note: Prior to these amendments, Qualifying Exigency Leave was only available for covered military members in the Reserves or Guard when ordered to active duty during the deployment of the member to a foreign country.]

              These changes became effective on October 27, 2009, the date the law was signed  by President Obama.

             Employers should review and revise their FMLA leave policies and practices to reflect these new amendments. 

            Note: A special nod of thanks to the FMLA blog for tipping us off about these important changes that are buried within that massive new defense authorization act.