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Steven H. Schwartz & Associates, P.L.C.

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Amendments to the FMLA

Schipper | 28 April, 2008 15:04

The President has recently signed the National Defense Authorization Act (Fiscal year 2008) which includes provisions amending the Family and Medical Leave Act to provide (1) up to six months of leave for family members caring for military veterans injured while on active duty in the Armed Forces and (2) 12 weeks of leave to family members of armed services personnel called up to active duty under certain circumstances.


The amendments cover leaves to care for members of the Armed Forces, including the National Guard or Reserves, who have suffered a serious injury or illness in the line of duty while on active duty, that may render the members medically unfit to perform the duties of their office, grade, rank, or rating. It applies broadly to servicemembers who are undergoing medical treatment, recuperation, or therapy, are in outpatient status, or otherwise are on the temporary disability retired list, for a serious injury or illness. For this type of leave, the legislation expands the definition of covered employee to include the "next of kin," or nearest blood relative, of a covered servicemember.

The final legislation also contains a provision providing up to 12 weeks of leave because of any "qualifying exigency" arising out of the fact that a covered employee's spouse, child or parent is on or has been called to active duty in the Armed Forces. This provision provides 12 weeks of leave to the immediate family of servicemembers called to active duty and complements state family military leave laws that provide for shorter duration of leave or only cover spouses of servicemembers.

Employers should amend their FMLA policies to provide employees with notice of these new leave entitlements.

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