November 5, 2009

Expansion of FMLA Leave for Military Families

The Family and Medical Leave Act, was amended in January, 2008, to provide two new types of leave, both relating to military families: one for Exigency Leave, and one for Caregiver Leave (see prior Benefit Beat articles:Final FMLA Regulations andFMLA Brings Benefits to Military Families). 

The military leave provisions have again been amended by the National Defense Authorization Act for Fiscal Year 2010 (H.R. 2647), signed by President Obama on October 28, 2009. This new law makes two changes that will probably affect only few individuals, but will be important to them:

  1. Military exigency leave is now available not only to reservists, but to active military families, as well. 
  2. Caregiver leave is available, not only to families of active military, but also to families of veterans. 

Effective date. The law does not specify an effective date; however, it has been indicated that these provisions became effective upon enactment (10/28/09).

Employers should review their FMLA policies to provide for these new provisions.  The FMLA military leave poster will likely be updated. 


The information contained in this Benefit Beat is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations.

As required by U.S. Treasury rules, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this Benefit Beat is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Service

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