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In October 2009, President Obama signed into law the Fiscal 2010 National Defense Authorization Act which includes an expansion of provisions for military families under the Family and Medical Leave Act (FMLA) of 1993. As we continue to see the war escalate and the future for peace look dim, it's important to understand the details of the law and its amendments.
You should be aware of these amendments to the FMLA:
- Exigency leave - up to 12 weeks of leave for urgent needs related to a reservist family member's (spouse, son, daughter, or parent) call to active service - under current law, only family members of National Guard and Reservists are eligible for exigency leave.
- Caregiver leave - up to 26 weeks of unpaid leave to an employee to care for a family member (spouse, son, daughter, parent or next of kin) who is injured while serving on active military duty. The law now includes veterans who are undergoing medical treatment, recuperation or therapy for serious injury or illness that occurred any time during the five years preceding the date of treatment.
In addition to providing leave for military families, the FMLA provides unpaid leave for the birth, adoption or foster care placement of an employee's child, as well as for the "serious health condition" of a spouse, son, daughter, or parent, or for the employee's own medical condition.
To be eligible for the leave, employees must work in organizations of 50 or more employees and work at least 1,250 hours in a 12-month period.
These amendments became effective upon enactment.
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