Family Medical Leave Act (FMLA) Expanded

Today, Congress passed the 2008 National Defense Authorization Act, which included provisions that expand the Family Medical Leave Act (FMLA). The amendments include: (1) up to six months of leave for family members caring for military veterans injured while on active duty in the U.S. Armed Forces, and (2) up to twelve weeks of leave to family members of service members called up to active duty under certain circumstances.

The amendments constitute the first revisions to the FMLA since its passage in 1993. The FMLA’s original requirements, which include the duty to return employees to the same position or an equivalent position with substantially similar duties and responsibilities, will apply to the two new categories of leave.