By Patrick M. Watts
President Obama signed the National Defense Authorization Act for Fiscal
Year 2010 (H.R. 2647) on October 28, 2009 expanding military benefits
under the Family and Medical Leave Act (FMLA). The Act expanded
eligibility to family of regular service members for "qualifying
exigency" leave. Previously, exigency leave was only available for
family members of those serving in the Reserves or National Guard.
The Act allows family members to take up to 12 weeks of leave
arising out of the active duty status of a spouse, son, daughter or
parent. Several events constitute a qualifying exigency, including
short-notice deployment, child care and school activities, financial and
legal arrangements, rest and recuperation, post-deployment activities,
counseling, military events as well as other activities.
The Act also expands the leave a military caregiver can take in
a 12-month period. Covered family members can now take up to 26 weeks
of leave to care for veterans in some circumstances. Eligible employees
can take caregiver leave up to five years after the veteran leaves
active duty.
Employers should update their FMLA policies so employees are
advised that they may be entitled to additional leave. Because of the
nature of regulations, more employees will now be entitled to leave.
