Family leave extended to care for injured military

The president on Jan. 28 signed a defense authorization bill that amends the Family and Medical Leave Act to provide up to six months of leave for family members caring for military veterans injured on active duty and 12 weeks of leave for family members of armed services personnel called up to active duty under certain circumstances. It takes immediate effect.

The legislation more than doubles the available time off from work to care for injured service members, from 12 to 26 weeks per year, and makes eligible for leave a new category of employees who have immediate family members called to active duty, apparently without regard to any medical issues. It covers leaves to care for members of the Armed Forces, including the National Guard or Reserves, who have suffered a serious injury or illness in the line of duty while on active duty, that may render the members medically unfit to perform the duties of their office, grade, rank, or rating.

The law applies to service members undergoing medical treatment, recuperation, or therapy, who are outpatients or otherwise on the temporary disability retired list, for a serious injury or illness. For this type of leave, the legislation expands the definition of covered employee to include the “next of kin,” or nearest blood relative, of a covered service member.

The new amendment also provides up to 12 weeks of leave for any qualifying exigency caused by a covered employee’s spouse, child or parent being called to active duty.

Other FMLA requirements, such as restoring employees to the same position as when their leave began and continuing health plan coverage during the leave, apply to newly granted types of leave. Employers should amend their family leave policies to provide employees with notice of these new leave entitlements. Click here to download a sample FMLA policy.