Thursday, November 19, 2009

GrayRobinson, P.A. -- "Family Medical Leave Act Extends to Cover Military"

GrayRobinson, P.A. released THIS press release:
Employment and Labor Newsletter -- Family Medical Leave Act Extends to Cover Military
November 19, 2009
On October 28, 2009, President Obama signed into law a Defense Department Fiscal Year 2010 Authorization Bill that expands the Family and Medical Leave Act (FMLA) requirements with respect to "qualifying exigency leave" for family and military members and "military caregiver leave." With regard to "qualifying exigency leave," the former law included only family members of Reservists and National Guard. That law has now been expanded to include any member of the Armed Forces who is either serving in a foreign country on active duty or is called to service in a foreign country. With regard to the "leave to care for wounded service members," the former law only included current members of the Armed Forces, National Guard and Reserves and that law is now being expanded to include any veteran who has served in the active military within the last five years.
The following is a policy which reflects the changes of the military leave requirements of the FMLA, and we suggest that you incorporate these changes into your current FMLA policy:
Families of Reservists, members of the Armed Forces, National Guard or veterans who have left service within the last five years are entitled to 26 weeks of FMLA leave during a single 12 month period to care for a family member who became sick or injured while serving in the military. Families are defined as spouse, parents, children, as well as nearest blood relative.
Employees may also be eligible for qualifying exigency leave. Immediate family members (spouse, parents and children) of members of the Reserves, National Guard, or Armed Forces who are either serving in a foreign country or who are called to active duty in support of a military operation or during an national emergency, are entitled to 12 weeks of unpaid FMLA leave to handle affairs, such as arranging for child care and school activities, financial and legal arrangements, counseling, rest and recuperation, and post-employment activities. Qualifying exigency leave counts against an employee's 12 weeks or 12 month allotment of FMLA leave.
Please contact us for more information on this topic.
William H. Andrews
On behalf of the GrayRobinson Employment and Labor Law Team


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