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Executive Summary: The Department of Labor (DOL) published a Final Rule implementing the changes to the Family and Medical Leave Act (FMLA) made by the 2010 National Defense Authorization Act (NDAA) and the Airline Flight Crew Technical Corrections Act (AFCTCA). The AFCTCA amended the FMLA to incorporate a special eligibility provision for airline flight crewmembers and flight attendants.
The 2010 NDAA, among other things, amended the FMLA's military caregiver leave provision to permit eligible employees to take leave to care for certain veterans with a serious injury or illness incurred or aggravated in the line of duty on active duty, which manifested before or after the veteran left active duty, and to allow military caregiver leave for current service members with a serious injury or illness that existed prior to service and that was aggravated by service in the line of duty on active duty. The NDAA also expanded the qualifying exigency provision to permit eligible employees to take qualifying exigency leave for covered family members in the Regular Armed Forces and added a foreign deployment requirement for qualifying exigency leave for all military members (National Guard, Reserves, and Regular Armed Forces).
The DOL's Final Rule implements and interprets these amendments and makes certain additional clarifying changes. FordHarrison attorneys will be providing a more detailed analysis of the amendments pertaining to the NDAA and the AFCTCA; however, some of the more significant provisions relating to the NDAA revisions include:
The Final Rule was published in the February 6, 2013 issue of the Federal Register, available at: http://www.gpo.gov/fdsys/pkg/FR-2013-02-06/pdf/2013-02383.pdf. More information regarding the rule, including a side-by-side comparison of the new rule with the prior version, frequently asked questions and a fact sheet, is available on the DOL's web site at: http://www.dol.gov/WHD/fmla/2013rule/.
If you have any questions regarding this Alert or other labor or employment related issues, please contact the FordHarrison attorney with whom you usually work.