FMLA Expanded for Veterans and Members of Regular Armed Forces
On October 28, 2009, President Obama extended the provisions of the Family and Medical Leave Act - the federal statute which allows eligible employees leave to care for covered family members in the armed forces - to include leave to care for certain veterans. The Fiscal Year 2010 National Defense Authorization Act (H.R. 2647) expands the twenty-six (26) week caretaker leave to include caring for veterans undergoing treatment for a qualifying illness or injury incurred or aggravated in the line of active duty, provided the veteran has served within the five (5) years prior to treatment.
The new law also extends leave for dealing with qualifying exigencies of deployment (such as making childcare arrangements or making financial/legal arrangements) to employees whose family members are members of a regular component of the Armed Forces. The qualifying exigency must arise out of deployment to a foreign county. Previously, exigency leave coverage under the NDAA had applied only to the National Guard and Reserves.
The FMLA applies to private sector employers with fifty (50) or more employees and public agencies.
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