(November 16, 2009) A law recently signed by President Barack Obama, expands the scope of the federal Family and Medical Leave Act (FMLA) for employees providing care to a member of the Armed Forces.

The requirement in the National Defense Authorization Act for Fiscal Year 2010 includes a member of the National Guard or Reserves who is undergoing medical treatment, recuperation, or therapy, as well as a veteran who is undergoing medical treatment and who was a member of the Armed Forces at any time during the five years preceding the date on which the medical treatment begins. Also included is a serious illness or injury that was incurred in the line of duty or that existed before military service and was aggravated by the military service.

The FMLA is a federal law requiring employers with more than 50 employees during at least 20 calendar weeks in the current or preceding calendar year to allow eligible workers as much as 12 weeks off for family leave to care for themselves or a family member suffering from a serious health condition, or to bond with a newborn or newly adopted child.

For regular Armed Forces members, "covered active duty" means duty during the deployment with the Armed Forces to a foreign country. Reservists are covered when they are on duty during deployment with the Armed Forces to a foreign country under a call to active duty.

"Qualifying exigency" leave is no longer limited to a military member on active duty or on call to active duty in support of a contingency operation. It is likely that implementing regulations will be issued by the U.S. Department of Labor in the future.

Family leave laws provide eligible employees with the equivalent of up to 12 weeks per year for:

• Bonding with a newborn, adopted child or child placed for foster care
• Caring for a family member with a serious health condition
• The employee's own serious health condition
• A qualifying exigency relating to a close family member's military service
• Up to 26 weeks per 12-month period to care for an ill or injured service member.

Product Updates

CalChamber members can immediately get the following updated FMLA and Leave of Absence forms by visiting www.CalBizCentral.com.

CalChamber is already updating the required notices that are impacted by this law:

• Basic Poster and Notice Requirements under the Family/Medical and Pregnancy Leave Laws
• Certification of Qualifying Exigency for Military Family Leave (FMLA Only)
• Family Medical Leave – Notices of Eligibility and Rights and Responsibilities
• Family/Medical Leave Policy
• FMLA – Family Member Leave for a Qualifying Exigency
• Leave interaction
• Summary of Family Medical and Pregnancy Disability Leave Laws

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