FMLA for Military Families

Back in January, President Bush made some changed to the Family Medical Leave Act with regards to employees that have family members serving in the military. However, at the time, there were still some questions surrounding the changes because the language of the regulations was not clear.

On November 17, these changes were better defined and published in the Federal Register. According to The Personnel Advisor (a human resources publication) these changes include:

"Military Caregiver Leave: Implements the requirement to expand FMLA protections for family members caring for a covered service member with a serious injury or illness incurred in the line of duty on active duty. These family members are able to take up to 26 workweeks of leave in a 12-month period.

Leave for Qualifying Exigencies for Families of National Guard and Reserves: The law allows families of National Guard and Reserve personnel on active duty to take FMLA job-protected leave (“active duty leave”) to manage their affairs based on “qualifying exigencies.” The rule defines "qualifying exigencies" as: (1) short-notice deployment (2) military events and related activities (3) childcare and school activities (4) financial and legal arrangements (5) counseling (6) rest and recuperation (7) post-deployment activities and (8) additional activities where the employer and employee agree to the leave."

These changes, among others not specifically related to military families, will be effective January 16, 2009. If you have any questions as to whether or not you qualify for FMLA leave you should see your Human Resources/Personnel department.