LABOR AND EMPLOYMENT ALERT- Special Edition November 2009

President Barack Obama Signs the National Defense Authorization Act for Fiscal Year 2010 – Scope of FMLA to be Expanded

On October 28, 2009, President Barack Obama signed the National Defense Authorization Act for Fiscal Year 2010 (H.R. 2647).  H.R. 2647 expands the scope of the Family and Medical Leave Act (“FMLA”) for military families by providing additional exigency and caregiver leave benefits.  Family members (parent, spouse, or child) of all active duty service members in foreign countries are now permitted to take up to 12 weeks of exigency leave.  Under prior provisions of the FMLA, exigency leave was only available to employees whose military family members were in the Reserves or National Guard.  Additionally, under H.R. 2647, family members caring for veterans undergoing medical treatment, recuperation, or therapy for an injury or illness sustained in the line of duty (or a preexisting injury aggravated in the line of duty) during the 5 years preceding the original date of medical treatment, recuperation, or therapy are now permitted to take up to 26 weeks of unpaid leave.  The FMLA previously only allowed for caregiver leave if the injury or illness occurred while in active duty.

To access more information related to H.R. 2647, including the text of the legislation, please access The Library of Congress’ website (http://thomas.loc.gov/) and search for Bill Number H.R. 2647.

A full transcript from the signing of H.R. 2647 is available at the following link: http://www.washingtonpost.com/wp-dyn/content/article/2009/10/28/AR2009102803319.html.

PAST ISSUES OF SLF LABOR AND EMPLOYMENT ALERT

You may view past issues of the SLF Labor and Employment Alert on the “Publications” page. Links to the 2006 and 2007 Archives are provided below for your convenience.