Family Medical Leave Act (FMLA) expanded - reserve, National Guard, & active duty provisions added

October 29, 9:58 PMPhiladelphia Employee Benefits ExaminerJoanne Apice, CEBS

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Need time off to care for your loved one?
AP Photo/Courtesy of the Griffin Family

President Obama signed the Fiscal Year 2010 National Defense Authorization Act (HR 2647) into law yesterday.  HR 2647 expands the recently enacted caregiver leave provisions for military families.  Consequently, FMLA now includes provisions for the following:

• The exigency provision of up to 12 weeks of leave for urgent needs related to a reservist family member's call to active service to include family members of active duty members. 
• The availability of up to 26 weeks of unpaid leave for an employee to care for a family member that is injured serving active military duty including veterans undergoing treatment, recuperation or therapy for serious injury or illness that occurred 5 years prior to the date of treatment.

H.R. 2647's  provisions were effective upon enactment.

If you are working for a company that has 50 or more employees, have worked at least 1250 hours in a 12-month period, and have been employed by the company for a year or more, you may be entitled to a leave of absence under the original act, FMLA of 1993.  Unpaid leave under FMLA may be granted for:

• for the birth and care of the newborn child of the employee;
• for placement with the employee of a son or daughter for adoption or foster care;
• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• to take medical leave when the employee is unable to work because of a serious health condition.