The defense-related legislation (National Defense Authorization Act for Fiscal Year 2010, Pub. No. 111-84 (Oct. 28, 2009)) recently signed by the President includes amendments to the FMLA’s provisions regarding qualifying exigency leave and covered service member leave for employees who are relatives of service members.
Qualifying Exigency Leave
The Act redefines the employee’s entitlement to qualifying exigency to reflect that the employee’s spouse, son, daughter, or parent must be on “covered active duty” in the Armed Forces (or have been notified of an impending call or order to such duty).
Covered Service Member Leave
The Act also expands an employee’s entitlement to leave to care for a covered service member with a serious injury or illness. In addition, the definition of serious injury or illness has been expanded.
While no changes have been made to the FMLA’s health benefits, these expanded leave rights may result in more employees taking FMLA leave, and thus will affect group health plan administration.
No effective date has been specified for these provisions. Generally, this indicates that they are effective when signed into law.
