February 29, 2008

On Monday, the President signed the National Defense Authorization Act (H.R. 4986) into law.  This bill included the first expansion of the Family and Medical Leave Act (FMLA) since its passage in 1993.  FMLA benefits were expanded for military families in the following situations:

Active Duty Leave-This benefit provides 12 weeks of FMLA leave due to a spouse, son, daughter or parent being on active duty or having been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation.  Active duty leave may be taken for any "exigency" (subject to regulation) related to the call-up and the leave may commence as soon as an individual receives a call-up notice. 

Caregiver Leave-This benefit provides 26 weeks of FMLA leave during a single 12-month period for a spouse, son, daughter, parent, or nearest blood relative caring for a recovering service member.  A recovering service member is defined as a member of the Armed Forces who suffered an injury or illness while on active-duty that may render the person unable to perform the duties of the member's office, grade, rank or rating.  The caregiver leave provision is considered effective upon the President's signature.