President Obama Expands Military Leave Provisions Under FMLA - H.R. 2647
2009-10/295Jeffrey T. Jones

On October 28, 2009, President Obama signed the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647) into law.  H.R. 2647 expands the leave rights of employees for certain family members in the armed forces under the federal Family and Medical Leave Act (FMLA).

Military Exigency Leave Expansion

Currently, the federal FMLA provides an employee with up to twelve weeks of leave from work if an employee’s family member (i.e., spouse, son, daughter, or parent) is in the reserve forces and is called to active service.  This leave is referred to as “exigency leave.”  The purpose of exigency leave is to provide an employee with time off from work so the employee can assist the family member being called to active service on such matters as to arrange childcare, complete legal documents (e.g., power of attorney, wills), see the family member off to duty, etc. 

H.R. 2647 expands the exigency leave benefits provided under the FMLA to include family members on regular active duty service.  Thus, exigency leave now applies to family members in the reserve and the regular active service components of the armed forces. 

Military Caregiver Leave Expansion

Currently, the federal FMLA provides an employee with up to twenty-six weeks of leave to care for a family member (i.e., spouse, son, daughter, parent, or next of kin) who has been injured or who has become ill while serving on active military duty.  This leave is referred to as “caregiver leave.”  Caregiver leave applies to family members in the reserve and the regular active service components of the armed forces.  However, previously the leave only applied to current armed service members; that is, it did not apply to former service members (i.e., veterans). 

H.R. 2647 expands the caregiver leave provision to include family members that are veterans (i.e., no longer active armed service members) who are undergoing medical treatment, recuperation, or therapy for a serious injury or illness that occurred in the line of duty during the five years preceding the date of treatment. 

The expanded exigency and caregiver leave provisions take effect immediately.  Therefore, you should review and update your FMLA leave policy and application form in light of the changes.  Please feel free to contact us if you desire any assistance.

If you have questions regarding the above, please contact Jeff Jones, the author of this article, or any of the attorneys in the Employment, Labor & Benefits Practice Group of Ruder Ware: Ron Rutlin, Dean Dietrich, Mary Ellen Schill, Chris Toner, or Sara Ackermann.

© 2009 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
This document provides information of a general nature regarding legislative or other legal developments. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues, and additional facts and information or future developments may affect the subjects addressed.