DOL Final Rule Expands FMLA Leave For Military Families

Dimitra S. Scott Edmonds Lawyer

The U.S. Department of Labor’s Wage and Hour Division (“DOL”) recently published its Final Rule amending portions of the Family Medical Leave Act of 1993 (“FMLA”) pertaining to the 26-workweek military caregiver leave provisions.  The amendments also modify and clarify the hours of service requirements for airline crew personnel.

These amendments were previously stated in the 2010 by the National Defense Authorization Act, expanding the availability and scope of military exigency leave and military caregiver leave. The DOL’s Final Rule, effective March 8, 2013, implements and explains those amendments.

The following are key provisions impacting military members and their families:

  • Pre-existing injuries or illnesses, aggravated during active duty service.  Military caregiver leave is now extended to family members to care for current servicemembers suffering from a pre-existing injury or illness incurred during or aggravated while in the line of duty.
  • Definition of servicemember expanded to include certain veterans. Military caregiver leave is expanded to allow care for a covered veteran undergoing medical treatment, recuperation, or therapy for a serious injury or illness incurred or aggravated in the line of duty. Under previous regulations, such leave was not available to care for former members of the Armed Forces (e.g., veterans).
  • Exigency Leave for family members. Leave is available for employees whose spouse, daughter, son, or parent serves in the Regular Armed Forces, where the military member is deployed to a foreign country. Previously, exigency leave was afforded to family members of individuals serving in the National Guard or Reserves only.
  • More exigency leave for family members.  Family members may now take up to 15 calendar days (rather than 5 days) as qualifying exigency leave to spend time with a service member who is undergoing short-term rest or recuperation during a period of deployment.

The DOL’s Final Rule is effective March 8, 2013.  The DOL has published a new FMLA poster and employers must begin using the new poster no later than March 8, 2013.  Employers should review their policies to ensure compliance with this Final Rule.  Our Employment Advice & Counseling Group is available to provide guidance and answer your questions.

Beresford Booth (425.776.4100), www.beresfordlaw.com

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