DOL Proposes New FMLA Regulations for Military Leave

The US Department of Labor on January 30 released a notice of proposed regulations (NPRM) to implement amendments to the military leave provisions of the Family and Medical Leave Act (FMLA) made by the National Defense Authorization Act for Fiscal Year 2010. The statutory amendments extended the availability of FMLA leave to family members of members of the Regular Armed Forces for qualifying exigencies due to the servicemember’s deployment; define the deployments covered by the new regulations; and extend FMLA military caregiver leave to family members of certain veterans with serious injuries or illnesses. The proposed regulations also include changes concerning the calculation of leave and reorganize and make technical changes to the current regulations covering military FMLA. This NPRM also proposes to amend the regulations to implement the Airline Flight Crew Technical Corrections Act, which established new FMLA leave eligibility requirements for airline flight crewmembers and flight attendants. The Department has indicated that comments will be due to DOL on or before 60 days after date of publication in the Federal Register.

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