On January 28, 2008, President Bush signed into law The National Defense Authorization Act (“NDAA”) for 2008. This new law amends the Family and Medical Leave Act to permit a “spouse, son, daughter, parent, or next of kin” to take up to 26 workweeks of leave to care for a “member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.” The covered “serious injury or illness” is one that was incurred in the line of duty while on active duty. “Next of kin” is the nearest blood relative of the injured/sick service member. The effective date of this new leave entitlement is January 28, 2008, the date President Bush signed it into law.
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