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Family and Medical Leave Act, Military Family Leave Final Regulations
Get important background information concerning the FMLA rule changes, along with succinct explanations of the new rules and how they have changed from prior regulations.

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Revised FMLA rules enact new military family leave provisions

The first revision to the Family and Medical Leave Act's (FMLA) regulations since enactment in 1993 were published by the Department of Labor's (DOL) Wage and Hour Division in the Federal Register on November 17, 2008. In addition to addressing issues related to the definition for "continuing treatment" of a serious health condition, notice requirements and medical certification, among others, the final regulations also implement the new military leave provisions signed into law by President George W. Bush in January 2008.

The National Defense Authorization Act (NDAA) for Fiscal Year 2008 (P.L. 110-181) included provisions amending the FMLA to allow for two types of military leave: (1) military caregiver leave; and (2) leave for qualifying exigencies for families of National Guard and Reserves. The new regulatory sections, numbered as §§ 825.126, 825.127, 825.309 and 825.310, discuss an employee's entitlement to qualifying exigency and military caregiver leave and the certification requirements for taking qualifying exigency and military caregiver leave.

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