RECENT MODIFICATIONS TO FMLA

The Family Medical Leave Act (“FMLA”) was modified on October 28, 2009, as part of the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647).  Specifically, this bill expanded the group of people who are eligible to use FMLA for “qualifying exigency” leave.  Under the prior law, only those whose family members were in the National Guard and the Reserves were eligible for “qualifying exigency” leave.  Under the new law, this is expanded to include family members who are active duty service members.  In addition, under the prior law, the “military caregiver” leave allowed under FMLA was only for those injured in the line of duty while on active duty.  This has been expanded to also include veterans who are undergoing medical treatment, recuperation or therapy for serious injury or illness that occurred any time during the five-year period immediately preceding the date of treatment.  Because these changes were effective October 28, 2009, employers should update their policies and procedures immediately to ensure that all eligible employees are notified of their FMLA rights.