The Congress has passed a revised Defense Authorization bill which includes an expansion of the Family and Medical Leave Act for eligible employees who have to care for a wounded military family member. The same provision was in an earlier bill passed by the Congress which was subsequently vetoed by President Bush because of another unrelated section. According to the National Association of Manufacturers, the President is expected to sign this legislation into law soon. NAM reports that H.R. 4986 includes the following expansion of FMLA:

• Active Duty Leave: This benefit provides 12 weeks of FMLA leave due to a spouse, son, daughter or parent being on active duty or having been notified of an impending call or ordered to active duty in the Armed Forces in support of a contingency operation. Active duty leave may be taken for any “exigency” (subject to regulation) related to the call-up and the leave may commence as soon as an individual receives a call-up notice.

• Caregiver Leave: This benefit provides 26 weeks of FMLA leave during a single 12-month period for a spouse, son, daughter, parent, or nearest blood relative caring for a recovering service member. A recovering service member is defined as a member of the Armed Forces who suffered an injury or illness while on active duty that may render the person unable to perform the duties of the member’s office, grade, rank or rating.

(HEC will be covering the issue of expanded FMLA for care of a wounded military family member in its February 12 program on the employment rights of returning military.) While regulations will need to be issued for the new law, the provision will be considered effective upon the President’s signature, NAM says.