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DOL Proposes Regulations on Military Family Leave under the FMLA
The National Defense Authorization Act for Fiscal Year 2010 (Act) expanded the FMLA's military family leave provisions. Most of the Act's changes became effective on Oct. 28, 2009.
The FMLA requires covered employers to provide eligible employees with two types of military family leave: qualifying exigency leave and military caregiver leave. The DOL recently announced the release of proposed regulations on the FMLA's military family leave requirements. The proposed regulations implement many of the FMLA's statutory requirements for military family leave. They also interpret some of the military family leave provisions.
According to the DOL, the only Act provision that is not yet in effect is the extension of military caregiver leave to family members of veterans with serious injuries or illnesses. This portion of the Act requires the DOL to define what injuries or illnesses qualify as a "serious injury or illness" for a veteran. Thus, according to the DOL, this leave requirement will not go into effect until the DOL issues a final rule. Though not yet effective, the regulations are an indicator of how the DOL may interpret the FMLA's military family leave provisions.
Source: EmSpring Legislative Alert
Client Resource: More information on FMLA
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