New Law Expands FMLA's Family Military Leave Provisions

(Published November 2, 2009)

President Barack Obama has signed into law the National Defense Authorization Act for Fiscal Year 2010, which amends the Family and Medical Leave Act's (FMLA) family military provisions. 

Specifically, the amendments: 

• Extend qualifying exigency leave to family members of service members in the regular Armed Forces.  Previously, it only applied to family members of those service persons in the National Guard or Reserves.
  
  
• Eliminate the requirement that qualifying exigency leave be in support of a contingency operation.  Now, in the case of a member of the regular component of the Armed Forces, covered active duty means duty during the deployment of the member with the Armed Forces to a foreign country.  In the case of a member of a reserve component of the Armed Forces, covered active duty means duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty.
  
  
• Extend military caregiver leave to family members of veterans who were members of the Armed Forces (including the National Guard or Reserves) at any point in time within five years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy.
  
  
• Revise the definition of "serious injury or illness" for purposes of military caregiver leave to include an injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces.  The definition adds that, for veterans, the injury or illness may manifest itself before or after the member became a veteran. 

Since the Act does not include an effective date, it is presumed to have taken effect immediately upon the President's signature.