On October 28, 2009 President Obama approved legislation expanding the Family Medical Leave Act (FLMA).  The amendment to the FLMA extends the availability of exigency leave to the family of regular armed forces in addition to activated Reserve and National Guard members.  The amendment also expands caregiver leave for service members and veterans.  The amendment was included in Section 565 of the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647).

The FLMA previously provided up to 12 weeks of exigency leave for family members of Reserve and National Guard members called or about to be called to active duty.  This amendment expands coverage to the families of regular military members that are deployed or about to be deployed.  The burden and struggles faced by the family of any deployed service member is tremendous, regardless of their duty status. 

The Act also expands caregiver coverage to apply to the aggravation of pre-existing conditions as well as to veterans for up to 5 years after their separation or retirement from the military.  Caregivers are able to take up to 26 weeks of leave per year.  This coverage is extended to injuries that existed before the individual joined the military which were aggravated by service in the line of duty.  And, perhaps most importantly coverage is extended to conditions that were not apparent until after the individual became a veteran.  This includes post traumatic stress disorder, more commonly referred to as PTSD, and brain injuries which often are not manifest during an individual’s military service.

The vast improvements in our soldiers’ body armor are saving lives. However, many of the individuals saved by these improvements are coming home with missing limbs and other traumatic injury or illness. The adjustments to civilian life take time and soldiers need the support of their family members.  This Act is an important step in giving these warriors much needed help. 

For information on The Employment Law Group® law firm’s Family Medical Leave Act Practice, click here.

This entry was posted on Thursday, October 29th, 2009 at 5:02 pm and is filed under Family and Medical Leave Act, Federal Discrimination Legislation. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.