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FMLA Regulations Expand Military Leave Protections

Final regulations for the Family and Medical Leave Act (FMLA) expand military leave provisions.

Image courtesy of Stuart Miles] / FreeDigitalPhotos.net

Earlier this month, the Department of Labor (DOL) released a set of final regulations for the Family and Medical Leave Act (FMLA).

While these changes do mean that your company will have to replace its FMLA poster in the office, they also may have additional impact on your business. Today, we’re going to highlight one area of the updated regulations.

Military Leave Regulations

The final set of regulations for FMLA include an expansion regarding military leave. This expansion provides families of eligible veterans with the same job-protected FMLA leave that is currently available to families of military service members.

Also, the expansion enables more military families to take leave for activities that arise when a service member is deployed.

Here is a brief overview of the updated regulations:

Qualifying Exigency Leave

  • The amount of qualifying exigency leave an eligible employee may take to spend time with a covered family member during rest and recuperation leave was increased fro five days up to a maximum of 15 days.
  • A new qualifying exigency leave category was created for parental care. This provision enables an eligible employee to take qualifying exigency leave to care for the parent of a military member.

Military Caregiver Leave

The final regulations expand the definition of “serious injury or illness” to include pre-existing injuries or illnesses of current service members that were aggravated in the line of duty.

Also, the final regulations permit eligible employees to begin taking military caregiver leave up to five years after their family member was discharged or released from the military.

Additional Content on the FMLA Regulations

The Department of Labor provided additional detail regarding these regulations. We are quite happy to make that information available to you in the latest CBG Benefits’ Legislative Brief.

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Posted in: Human Resources, Legislation

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