In a notice published on February 15th in the Federal Register, the Department of Labor (DOL) finally issued proposed regulations to implement the 2009 statutory amendments to the Family and Medical Leave Act (FMLA). A number of the 2009 requirements are already in effect, but the DOL regulations both confirm and expand some of them. Employer policies need to be reviewed now, although some changes will not be mandatory until the final regulations are implemented.
In recent years, Congress has made changes several times to the military service portion of the FMLA. The intent of the changes was to expand the protections for those who serve or served in the military and their families. The original amendments to the FMLA provided for military caregiver leave and leave for families dealing with various exigencies that arose in connection with a family member’s deployment. The most recent statutory changes included (1) extending FMLA military caregiver leave to care for veterans who were honorably discharged in the last five years, in addition to current service members, and (2) expanding the “qualifying exigency” leave provisions to cover members of the Regular Armed Forces as well as the Reserves and National Guard, but only in situations in which members are deployed to a foreign country (i.e., international waters and areas outside of the United States, D.C. or any territory or possession of the U.S.). It’s interesting to note that the five-year limitation could exclude veterans of the War in Afghanistan and Operation Iraqi Freedom.
In recent years, Congress has made changes several times to the military service portion of the FMLA. The intent of the changes was to expand the protections for those who serve or served in the military and their families. The original amendments to the FMLA provided for military caregiver leave and leave for families dealing with various exigencies that arose in connection with a family member’s deployment. The most recent statutory changes included (1) extending FMLA military caregiver leave to care for veterans who were honorably discharged in the last five years, in addition to current service members, and (2) expanding the “qualifying exigency” leave provisions to cover members of the Regular Armed Forces as well as the Reserves and National Guard, but only in situations in which members are deployed to a foreign country (i.e., international waters and areas outside of the United States, D.C. or any territory or possession of the U.S.). It’s interesting to note that the five-year limitation could exclude veterans of the War in Afghanistan and Operation Iraqi Freedom.