DOL Final Rule on FMLA Military Amendments

March 1, 2013

Effective March 8, 2013, the Department of Labor (DOL) published a Final Rule implementing the changes to the Family and Medical Leave Act (FMLA) made by the 2010 National Defense Authorization Act (NDAA). The 2010 NDAA, amended the FMLA’s military caregiver leave provision to permit eligible employees to take leave to care for certain veterans with a serious injury or illness incurred or aggravated in the line of duty, which manifested before or after the veteran left active duty. It also now allows military caregiver leave for current service members with a serious injury or illness that existed prior to service and that was aggravated by service in the line of duty on active duty. In addition, the NDAA expanded the qualifying exigency provision to permit eligible employees to take qualifying exigency leave for covered family members in the Regular Armed Forces and added a foreign deployment requirement f or qualifying exigency leave for all military members (National Guard, Reserves and Regular Armed Forces).