Lexology
Day Pitney LLP
Kevin J. Skelly
USA
February 2 2012
On January 30, 2012, the United States Department of Labor (“DOL”) released a notice of proposed rulemaking to implement a 2009 statute that amended the military family leave benefits available under the Family and Medical Leave Act (“FMLA”).
As we previously posted, in 2008, Congress amended the FMLA to provide eligible employees with covered family members serving in the military with two different types of leave: military caregiver leave and qualified exigency leave. Military caregiver leave permits eligible employees to take up to 26 weeks of leave in a single 12-month period to care for a seriously injured or ill family member currently serving in the military. Qualified exigency leave permits eligible employees (whose spouse, child, or parent is called into active duty) to respond to certain situations that arise because of a call to active duty.
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