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New FMLA Proposal for Military Caregivers

First Lady Michelle Obama and Dr Jill Biden have been very vocal in their support of military families through the last 3 years.  Both being involved with the Joining Forces Initiative and commercial spots for First Lady Obama on the Disney Chanel help to solidify their point.  Current the Family Medical Leave Act (FMLA) has 2 parts: 1) qualifying exigency leave under which eligible employees may take up to 12 weeks of FMLA leave for reasons related to the call to active duty of covered service member spouses, children, or parents; and 2) military caregiver leave, which gives employees up to 26 weeks of leave in a single 12-month period to care for a seriously injured or ill covered service member.  Qualifying exigency leave are issues that arise when a covered military member is deployed, such as attending military-sponsored functions, making appropriate financial and legal arrangements, and arranging for alternative childcare.

Under the new proposed expansion spouses, parents and children of military personnel who provide care to attend military gatherings or handle childcare or finances without worrying about job security. The proposed language would extend military caregiver leave to family members of veterans for up to five years after leaving the military, the Labor Department said. The law now covers caregivers of "currently serving" military personnel.  Also, the proposal would expand the military family leave provisions of the FMLA by extending qualifying exigency leave to employees whose family members serve in the regular armed forces. Currently, the law covers only families of National Guard members and reservists.  The proposed FMLA expansion would also include as much as 12 weeks of leave from work to help a military member deployed on short notice, as well as long as 26 weeks of leave to care for an injured or ill service member.

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Currently the laws cover more for families of National Guard members and reservists however if the proposed expansion is accepted the laws would include active military.  Each state also has laws that allow families time to bond before, during and after deployments based on factors associated with length of employment and military deployment. 

Before making any plans please check your current state and federal laws with regards to FMLA.

, Orange County Military Family Examiner

Born in Arizona, the oldest of 3 children, Shana has always wanted to make her mark. Her love of community service started at a young age and has just increased through the years . Coming from a long line of Army , her grandparents serving in WWII, Korea and uncles in Vietnam and the Gulf War and...

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