Act Now Advisory: FMLA UPDATE: Expanded Leave for Military Families and Airline Flight Crews

On March 8, 2013, the U.S. Department of Labor’s (“DOL”) Final Rule will go into effect, implementing regulations expanding Family and Medical Leave Act (“FMLA”) protections to military families and airline flight crews, pursuant to the National Defense Authorization Act for Fiscal Year 2010 (“2010 NDAA”) and the Airline Flight Crew Technical Corrections Act (“AFCTCA”).

The DOL’s FMLA regulations were previously amended, effective January 2009, to implement changes to the FMLA made by the National Defense Authorization Act for Fiscal Year 2008 (“2008 NDAA”), which provided up to twenty-six weeks of leave for eligible employees who are the spouse, son, daughter, parent, or next of kin of a servicemember (National Guard, Reserves, or Regular Armed Forces) with a serious injury or illness incurred in the line of duty to care for their family member (Military Caregiver Leave). The 2008 NDAA also added a special military family leave entitlement to allow eligible employees whose spouse, child, or parent is called to active duty in the National Guard or Reserves to take up to twelve weeks of FMLA leave for “qualifying exigencies” related to the call-up of their family member (Qualifying Exigency Leave).

Please see full advisory below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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