FMLA Leave expanded to provide leave for members of the armed forces' families

Monday, April 7, 2008
Contributed by: Ann Manning

The U.S. Congress has now expanded the Family Medical Leave Act (FMLA) to add two new categories, Active Duty Family Leave and Injured Service Member Leave, affecting families of injured and active duty servicemen and women. Active Duty Family Leave grants up to 12 weeks of FMLA leave where there is a "qualifying exigency." A qualifying exigency is not defined, but it appears to be similar in application to an employee's leave to take care of his or her own family member's serious health conditions. The Injured Service Member Leave is broader in scope and grants up to 26 weeks of leave, inclusive of FMLA leave, where the "spouse, son, daughter, parent, or next of kin" of a "covered service member" has a "serious injury or illness." FMLA policies will need to be revised to reflect these changes.

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