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Congress Again Amends the FMLA

For the second time in two years, the federal Family and Medical Leave Act (FMLA) has been amended to address leave relating to military operations. These most recent amendments, which took effect on November 2, made the following key changes:

expanded the 26-week caregiver leave entitlement to recent veterans' families. Previously, the FMLA covered only the families of current military members;

expanded the 12-week leave entitlement for "qualifying exigencies" arising from a family member's military activities. Previously, employees could take leave only for exigencies arising from a family member being called to active duty from reserve or otherwise inactive status. Now, family members may take leave for exigencies arising from the deployment of an active member of the Armed Forces to a foreign country.

While employers should update their policies to reflect these new requirements, it will be most efficient to wait until the Department of Labor has issued its new regulations before doing so.