November 9, 2009—Employers Council
Section 565 of the National Defense Authorization Act for Fiscal Year 2010 (NDAA) expands military family leave entitlements under the FMLA in two significant ways.
· First, it expands the 12 week exigency leave available to eligible family members of active duty service members in the National Guard or Reserves to also include active duty service members of the Regular Armed Forces as well.
· Second, it extends the 26 week military caregiver leave available to eligible relatives to cover veterans, for up to five years after they leave service – as well as current members of the Regular Armed Forces, National Guard, or Reserves who incurred a serious injury or illness in the line of duty while on active duty. It extends leave to eligible relatives of veterans if the veteran develops a service-related injury or illness that was incurred, or, in the case of an existing injury, was aggravated, while on active duty.
The FY 2010 NDAA is retroactive to October 1, 2009.
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