President Obama Oct. 28 signed into law a Defense Department Fiscal Year 2010 authorization bill (H. Rept. 111-288) that includes an expansion of Family and Medical Leave Act provisions related to “qualifying exigency leave” and military caregiver leave.

“It reaffirms our commitment to our brave men and women in uniform and our wounded warriors,” Obama said during a signing ceremony at the White House.

The leave language in the law amends the FMLA to expand on provisions added to that law in 2008 dealing with qualifying exigency leave and military caregiver leave (59 BTM 49, 2/12/08).

The law extends to families of active duty members qualifying exigency leave, which is intended to help the families manage the members' affairs while they are called to active duty status. Before the change in law, the leave was available only to families of members of the National Guard and Reserve.

Qualifying exigency leave includes a number of broad categories of reasons and activities, including short-notice deployment, military events and related activities, child care and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and any additional activities agreed to by the employer and the employee.

Family members may use all or part of the regular allotment of 12 weeks of FMLA leave.

The law also would extend military caregiver leave provisions to family members of veterans.

Under this leave, eligible employees who are family members of current service members or veterans are able to take up to six months (26 workweeks) of leave in a single 12-month period to care for a service member who has a serious illness or injury that was incurred in the line of duty. The 12-month period starts when the employee starts using military caregiver leave.

Entitlement to 26 weeks of military caregiver leave, in a 12-month period, is provided to families of each service member and for each illness or injury incurred, and covers more extended family members than those who may take FMLA leave for other reasons.

Copyright 2009, The Bureau of National Affairs, Inc.