FMLA Coverage for Military Families Expanded
*By Patrick M. Watts

President Obama signed the National Defense Authorization Act for Fiscal Year 2010 (H.R. 2647) on October 28, 2009 expanding military benefits under the Family and Medical Leave Act (FMLA). The Act expanded eligibility to family of regular service members for "qualifying exigency" leave. Previously, exigency leave was only available for family members of those serving in the Reserves or National Guard.

The Act allows family members to take up to 12 weeks of leave arising out of the active duty status of a spouse, son, daughter or parent. Several events constitute a qualifying exigency, including short-notice deployment, child care and school activities, financial and legal arrangements, rest and recuperation, post-deployment activities, counseling, military events as well as other activities.

The Act also expands the leave a military caregiver can take in a 12-month period. Covered family members can now take up to 26 weeks of leave to care for veterans in some circumstances. Eligible employees can take caregiver leave up to five years after the veteran leaves active duty.

Employers should update their FMLA policies so employees are advised that they may be entitled to additional leave. Because of the nature of regulations, more employees will now be entitled to leave.

If you have any questions regarding the new law and how this may affect your FMLA policy, please contact Patrick M. Watts at 216.696.4441 or pmw@zrlaw.com.

*Patrick M. Watts, an OSBA Certified Specialist in Labor and Employment Law, has extensive expertise in FMLA administration and litigation. If you have any questions regarding FMLA leave or whether your employment policies comply with the current FMLA regulations, contact Patrick at 216.696.4441 or pmw@zrlaw.com.

This newsletter is not intended as a substitute for professional legal advice and its receipt does not constitute an attorney-client relationship. If you have any questions concerning any of these articles or any other employment law issues, please contact Stephen S. Zashin at 216.696.4441.
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