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Article Index » fmla: 10 Most Recent Articles Report Link Termination for Poor Performance Discussed Prior to FMLA Leave Does Not Support Retaliation Claim.Ogletree Deakins - November 18, 2009 The Family and Medical Leave Act prohibits employers from discriminating against employees who have taken leave under that Act. However, the 7th U.S. Circuit Court of Appeals has affirmed summary judgment in favor of an employer who terminated an individual for excessive absenteeism and performance issues that developed prior to that employee’s request for FMLA leave, even though her termination occurred during that protected leave. Report Link FMLA Military Leave Rights Have Been Expanded.Elarbee, Thompson, Sapp & Wilson, LLP. - November 17, 2009 Last week, President Obama signed the 2010 National Defense Authorization Act (NDAA) which expands coverage for military exigency leave and military caregiver leave under the Family and Medical Leave Act (FMLA). In 2008, an earlier NDAA signed by President Bush created the categories of military exigency and caregiver leave under the FMLA. The changes in the 2010 NDAA provide exigency leave coverage to family members of those in a regular component of the Armed Forces during deployment to a foreign country. Provisions also expand caregiver leave to assist with treatment for an injury or illness incurred within a five year period before the leave. The changes take effect immediately. Report Link New Leave Provisions for Military Families.Phelps Dunbar LLP - November 17, 2009 On October 28, 2009, President Obama signed into law the Fiscal Year 2010 National Defense Authorization Act which expands the recently-enacted exigency and caregiver leave provisions for military families under the Family and Medical Leave Act of 1993 (FMLA). The FMLA had been amended earlier in the year to provide "exigency leave" of up to 12 weeks for urgent needs related to a reservist family member's call to active service but was confined to family members of those in the National Guard or Reserves. The new requirement extends that leave to the family members of a member of any regular component of the Armed Forces, and removes the requirement that it be in support of a contingency operation. Report Link President Obama Expands the Military Leave Provisions of the FMLA.Buchanan Ingersoll & Rooney PC - November 16, 2009 On October 29, 2009, President Obama signed a Defense Department and Authorization Bill that expanded certain provisions of the FMLA. These changes are in addition to those that were made earlier this year when the FMLA was expanded to include leave relating to military service. The highlights of the most recent amendments are as follows: Report Link Congress Expands Family Military Leave (pdf).Ogletree Deakins - November 10, 2009 Congress Expands Family Military Leave. Report Link MORE CHANGES TO THE FMLA AND OTHER LEGISLATIVE DEVELOPMENTS.Ballard Rosenberg Golper & Savitt - November 09, 2009 Just when employers were starting to get familiar with all of the recent changes to the Family and Medical Leave Act ("FMLA), last week President Obama signed into law yet another expansion of the FMLA military leave provisions. These changes are found in the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647). The new law, which is effective immediately, expands the so-called "qualifying exigency" and "military caregiver" leave provisions under the FMLA. Report Link Congress Expands FMLA - Again.Vedder Price - November 09, 2009 For the second time in the last
two years, Congress has
expanded the scope of the
Family and Medical Leave Act
(“FMLA”). On October 28,
2009, President Obama signed
into law the National Defense
Authorization Act for Fiscal Year
2010 (the “Act”). Report Link Obama Expands Recently Enacted Exigency and Caregiver Leave Provisions for Military Families under the FMLA.Phelps Dunbar LLP - November 06, 2009 On October 28, 2009, President Obama signed into law the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647). Among other things, the new law includes an expansion of the recently-enacted exigency and caregiver leave provisions for military families under the Family and Medical Leave Act of 1993 (FMLA). The legislation does not include an effective date, suggesting that it took effect immediately upon the President's signature. Report Link FMLA's Military Leave Provisions Expanded.Ford & Harrison LLP - November 04, 2009
On October 28, 2009, President Obama signed the National Defense Authorization Act for Fiscal Year 2010 (the "NDAA"), which, among other things, expands the scope of the provisions of the Family and Medical Leave Act (FMLA) pertaining to leave for qualifying exigencies and military caregiver leave. Specifically, the NDAA now permits family members of active duty service members to take leave for a qualifying exigency. Previously, only family members of National Guard and Reservists called to active duty in support of a contingency operation were permitted to take leave for a qualifying exigency. The NDAA also extends the scope of military caregiver leave to families of certain veterans, who previously were not covered by the provision. It also permits military caregiver leave for serious injuries or illnesses that are the result of pre-existing conditions that were aggravated by service while on active duty. Report Link President Signs Expansion of FMLA Coverage for Military Families.Jackson Lewis LLP - November 02, 2009 On October 28, 2009, the President signed the 2010 National Defense Authorization Act (NDAA) that included provisions expanding Family and Medical Leave Act military family leave benefits. The 2010 NDAA extends FMLA exigency leave coverage to family members of active duty members of the Armed Forces. It also expands the potential period during which FMLA caregiver leave might be provided. Now, eligible employees may take FMLA caregiver leave for up to five years after the veteran ends active duty. The expanded FMLA rights are effective immediately. Employers should amend their FMLA policies to reflect these expanded military family leave rights.
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