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Article Index » fmla » military 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.
Report Link Congress Adds Additional Family Military Leave Entitlements to the FMLA.
Littler Mendelson, P.C. - November 02, 2009
On October 28, 2009, President Obama signed the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84) (NDAA). The NDAA includes provisions that expand the two types of military-related leave that became available under the Family and Medical Leave Act (FMLA) in January 2008: "qualifying exigency" leave and military caregiver leave. Although this portion of the NDAA does not have an effective date, according to the staff of the Subcommittee on Military Personnel of the House Armed Services Committee, the NDAA took effect when President Obama signed it.
Report Link Congress Expands Military FMLA Leave.
Fisher & Phillips, LLP - October 30, 2009
Less than a year after the Department of Labor issued regulations implementing and clarifying new forms of military-related FMLA leave, Congress has approved measures that will substantially expand the scope of these provisions. On October 28, 2009, President Obama signed into law the 2010 National Defense Authorization Act, which among other things extends eligibility for "qualifying exigencies" and military caregiver leave to a larger population of employees. The legislation does not include an effective date, suggesting that it took effect immediately upon the President's signature.
Report Link FMLA Update: Department of Labor Publishes “Qualified Exigency” Military Leave Form.
Barker Olmsted & Barnier - February 04, 2009
The Department of Labor has published a new form for use in connection with "qualified exigency" leave under the FMLA's recently added military family leave.
Report Link Department of Labor Clarifies FMLA Amendments Related to Servicemember Care and Other Military-Related Exigencies.
Littler Mendelson, P.C. - November 26, 2008
The Department of Labor (DOL) published its final version of the changes to the regulations interpreting the Family and Medical Leave Act (FMLA) on November 17, 2008, and it has clarified many of the ambiguities created by the statutory amendments passed on January 28, 2008. The regulations are effective on January 16, 2009. Most notably, the new regulations define the term "military exigency" and provide guidance to employers on how to process requests for this type of leave. The DOL has also answered the hotly debated issue about whether employees who seek leave to care for a seriously injured or ill servicemember are limited to only one 26-week leave period during their entire employment or one per 12-month period. The final regulations provide that, depending on the circumstances, an employee may take more than one 26-week leave period during his or her employment. This ASAP will explain some of the highlights of the final regulations related to military leave under the FMLA.
Report Link Expansion of FMLA Leave for Families of Service Members.
Shaw Valenza LLP - February 15, 2008
President Bush has signed the first amendment of the FMLA since Congress passed the original law in 1993. As initially drafted, the FMLA requires employers of more than 50 employees to approve unpaid leave for employees. The terms of FMLA leave include up to 12 weeks of time off for eligible employees to care for themselves or a family member’s serious health condition.
Report Link Congress Amends Family and Medical Leave Act to Add New Leave Rights for Military Families.
Phelps Dunbar LLP - February 11, 2008
On January 28, 2008, President Bush signed into law the National Defense Authorization Act of 2008. Buried within the Act are significant revisions to the Family Medical Leave Act of 1993 (FMLA). These revisions extend coverage to employees who care for family members injured while on active military duty, or who must tend to other exigent circumstances arising from active military service. Specifically, the new FMLA provisions provide two new types of leave.
Report Link FMLA Now Permits Time Off for Family Members of Military Personnel (pdf).
Vedder Price - February 07, 2008
Effective January 28, 2008, the Family and Medical Leave Act (FMLA) was amended to provide protected leave for employees who need time off to handle “exigencies” related to an immediate family member’s military service or call-up for service, and to care for a family member who is injured during military service.
Report Link Amendment to the Family Medical Leave Act Provides New Leave Rights for the Families of Servicemembers.
Littler Mendelson, P.C. - February 06, 2008
On January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act of 2008. Among other things, H.R. 4986 significantly amends the Family Medical Leave Act of 1993 (FMLA) to extend coverage to employees to care for family members injured while on active military duty. The Amendment became effective upon the President's signature.
Report Link DOL Addresses Effective Date of New FMLA Requirements.
Ford & Harrison LLP - February 01, 2008
The Department of Labor (DOL) has published an information page regarding the recent amendment to the Family and Medical Leave Act (FMLA) contained in the Defense Authorization Act for 2008 (NDAA). As discussed in our prior Alert, on January 28, 2008, the President signed the NDAA which, among other things, amended the FMLA to give the “spouse, son, daughter, parent, or next of kin” of a member of the Armed Forces up to 26 weeks of leave to care for the service member “who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.”
Report Link President Bush Expands the Family and Medical Leave Act for the Families of Service Members.
Elarbee, Thompson, Sapp & Wilson, LLP. - February 01, 2008
On January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (“NDAA”). The NDAA amends the Family and Medical Leave Act of 1993 (“FMLA”) for families of service members and provides two new types of leave to eligible employees: (1) leave for care for an injured service member and (2) leave due to active duty of a family member.
Report Link President Signs Bill Expanding FMLA Protection for Military Family Members.
Ford & Harrison LLP - January 31, 2008
On Monday (January 28) the President signed the National Defense Authorization Act for Fiscal Year 2008, which includes, among other things, the first expansion of the Family and Medical Leave Act (FMLA) since that law was enacted in 1993. Identical provisions were included in a prior version of the law presented to the President in December 2007; however, he pocket vetoed that legislation because of concerns about provisions that would expand the ability of Americans to seek financial compensation from countries that supported or sponsored terrorist acts, including Libya, Iran and Iraq under Saddam Hussein.
Report Link New Law Expands Family and Medical Leave Act.
Fisher & Phillips, LLP - January 31, 2008
This past week, the House of Representatives passed a revised version of the National Defense Authorization Act, which was primarily intended to address concerns over litigation surrounding the Gulf War. But one section of that bill included provisions extending FMLA protection to close family relatives of uniformed service members. The Senate subsequently passed the same bill by a resounding vote of 91 to 3. On January 28, 2008, President Bush signed the bill into law, and some of its provisions are already in effect.
Report Link FMLA Amendments Extend Leave to Families of Servicemembers.
Jackson Lewis LLP - January 31, 2008
President George Bush has signed into law a defense authorization bill that includes provisions amending the Family and Medical Leave Act to provide (a) up to six months of leave for family members caring for military veterans injured while on active duty in the U.S. Armed Forces and (b) 12 weeks of leave to family members of armed services personnel called up to active duty under certain circumstances. The bill, which was signed Jan 28, 2008 and takes effect immediately, had wide bipartisan support and was passed by the House of Representatives on January 16 by a vote 369-46 and and by the Senate on January 22 by a vote of 91-3.
Report Link New Family and Medical Leave For Military Families
Gray Plant Mooty - January 30, 2008
On January 28, 2008, President Bush signed into law important new amendments to the Family and Medical Leave Act (FMLA). These amendments relate to military families, creating two new circumstances in which employees with family members in the armed services may be entitled to FMLA leave.
Report Link New Law Offers Enhanced FMLA Leave for Families of Military Personnel.
Ogletree Deakins - January 30, 2008
Yesterday, President George Bush signed into law the National Defense Authorization Act for Fiscal Year 2008 which includes two provisions that expand the benefits of the Family and Medical Leave Act (FMLA) to assist service members and their families. One provision requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave a year for a "qualifying exigency" connected to the active duty status of an employee's spouse, son, daughter or parent ("active duty leave"). The other provision entitles eligible family members to take up to 26 weeks of unpaid leave to care for a wounded servicemember ("caregiver leave").

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