National Defense Authorization Act: FMLA Leave Expanded for Military Families

On October 28, 2009, President Obama signed the National Defense Authorization Act ("NDAA"). The NDAA expands the rights of military service members and their families under the Family and Medical Leave Act ("FMLA"). These changes take effect immediately, so employers who are covered by the FMLA should revise their leave policies to reflect these changes.

First, the NDAA extends coverage for "exigency leave" of up to 12 weeks to the families of all active-duty members of the military who are deployed to a foreign country. Under the military leave provisions adopted in 2008, such "exigency leave" was available only to family members of National Guard members and military reservists.

Second, the NDAA extends the coverage of "service member caregiver leave" available under the FMLA. Such leave now includes caring for a child, spouse, parent, or next of kin who is a veteran undergoing medical treatment, recuperation, or therapy for a serious illness or injury and who was a member of the Armed Forces (including the National Guard or Reserves) at any time during the five years preceding the date on which the veteran undergoes the treatment. The medical treatment the veteran receives must be related to a serious injury or illness suffered while in the line of duty, or which existed before the beginning of the veteran's military service. Under this provision, a caregiver may take up to 26 weeks of leave to care for such an injured or ill veteran.

Employers may contact Bill Norris at (804) 783-6819 or Chip Temple at (804) 783-6814 to learn more about the National Defense Authorization Act or the Family and Medical Leave Act.

Posted by G. William "Bill" Norris, Jr.