The Family and Medical Leave Act (FMLA) has recently expanded to provide additional leave for military families. Under the new law, FMLA eligible employees will be entitled to family leave due to a call to active duty and caregiver leave for an injured service member.
12 weeks of leave are available to FMLA eligible employees who have a spouse, son, daughter or parent on active duty or having been notified of an impending call or order to active duty in the Armed Forces. Leave may be used for any ‘qualifying exigency’ (to be defined by the Department of Labor) arising out of the service member’s current tour of active duty or because the service member is notified of an impending call to duty in support of a contingency operation.
26 weeks of FMLA leave during a single 12-month period for a spouse, son, daughter, parent, or nearest blood relative caring for a recovering service member. A recovering service member is defined as a member of the Armed Forces who suffered an injury or illness while on active duty that may render the person unable to perform the duties of the members’ office, grade, rank or rating.
Most provisions of the FMLA remain unchanged and will apply to these new types of FMLA leave. Further information is expected from the Department of Labor, however the caregiver provision of the law was effective January 28, 2008 and employers are encouraged to provide leave due to a call to active duty as well.
