Department of Labor Issues Final Rule Amending FMLA Regulations in Accordance with 2010 Military Leave Amendments

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On February 6, 2013, the Department of Labor (DOL), Wage and Hour Division, published a Final Rule amending the regulations for the Family and Medical Leave Act of 1993 (FMLA). The 2013 Final Rule sets forth new regulations implementing amendments made to the FMLA by the National Defense Authorization Act for Fiscal Year 2010 (NDAA FY 2010). The NDAA FY 2010 amended the FMLA in four major ways by:

1. expanding qualifying exigency leave to the Regular Armed Forces;

2. requiring that military members be called to active duty in a foreign country in order for an eligible employee to take qualifying exigency leave;

3. expanding military caregiver leave to veterans; and

4. expanding the definition of serious injury or illness for purposes of military caregiver leave to include preexisting injuries.

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