The Family and Medical Leave Act is Amended to Provide Family Leave for Employees with Family Members Who Are Members of the Armed Forces

On January 28, 2008, the Family and Medical Leave Act (FMLA), 29 U.S.C. §2601 et seq., was amended by the National Defense Authorization Act for Fiscal Year 2008 to provide for up to 26 weeks of job protected family leave to care for injured members of the Armed Forces, and up to 12 weeks of leave because of a qualifying exigency arising out of an employee’s parent, child, or spouse’s active duty or call to active duty. Under the amendment, a maximum of 26 weeks of leave may be taken during a 12 month period for any combination of FMLA-qualifying events. Prior to the amendment, the FMLA, which was originally enacted in 1993, provided a maximum of 12 weeks of job protected leave for the birth, adoption or foster care placement of a child, to care for a parent, child or spouse with a serious health condition, or for an employee’s own serious health condition.