Q&A with Nathan Whatley

Q: The Supporting Military Families Act of 2009 was signed into law Oct. 28 by President Barack Obama as part of National Defense Authorization Act for fiscal year 2010. What changes does this act make to the military family leave provisions of the Family and Medical Leave Act?

A: The changes have to do with the circumstances in which employees will qualify for both military caregiver leave and qualifying emergency leave. Since early 2008, covered employers have been required to give FMLA leave to employees when they (1) experience a qualifying emergency situation arising out of a family member’s service in the military (such as the need to make childcare arrangements or attend to farewell or return arrangements on behalf of the service member) or (2) are needed to care for a family member who has been injured on active duty in the military. Under the provisions enacted in 2008, an employee could take military caregiver leave only to care for injured service members who were current members of the armed forces. The original law specifically stated employees could not take leave to care for former service members. Under the new amendments, employees are entitled to take military caregiver leave to care for family members who were injured on active duty in the military for up to five years after their separation from military service. The requirement that the family member still be in the military no longer applies.

Q: Were there other changes to the caregiver provisions?

A: Yes. The amendments also provide that employees will qualify for military caregiver leave when they have a family member who suffered from a pre-existing serious injury or illness aggravated by their active-duty service in the military.

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