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On January 28, 2008, President Bush signed into law H.R. 4986, the National
Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110-181. Among other
things, section 585 of the NDAA amends the Family and Medical Leave Act
of 1993 (FMLA) to permit a "spouse, son, daughter, parent, or next
of kin" to take up to 26 workweeks of leave to care for a "member
of the Armed Forces, including a member of the National Guard or Reserves,
who is undergoing medical treatment, recuperation, or therapy, is otherwise
in outpatient status, or is otherwise on the temporary disability retired
list, for a serious injury or illness."
The NDAA also permits an employee to take FMLA leave for "any qualifying
exigency (as the Secretary [of Labor] shall, by regulation, determine) arising
out of the fact that the spouse, or a son, daughter, or parent of the employee
is on active duty (or has been notified of an impending call or order to
active duty) in the Armed Forces in support of a contingency operation."
The Department of Labor's Wage and Hour Division published a Final
Rule under the Family and Medical Leave Act. The revised final rule
became effective on January 16, 2009, and updates the regulations to implement
the NDAA. The Federal Register Notice and related documents are available
at Wage and Hour's FMLA Final Rule
website.
To view the amended Title I of the Family and Medical Leave Act:
Title I of the FMLA, as amended by the National
Defense Authorization Act for FY 2008
The information at the link below may also be of interest:
Compliance Assistance - Family and Medical Leave Act
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