The U.S. Department of Labor recently released its final rule concerning the meaning of statutory amendments to the Family and Medical Leave Act in 2008 and 2010. The amendments primarily affect military leave under the Act. They also address technical changes dealing with FMLA eligibility for members of the airline flight crews.
Specifically, with respect to military leave, the final rule defines a covered veteran as “veterans discharged or released under conditions other than dishonorable five years prior to the date the employee’s military caregiver leave begins. The final rule also creates a flexible definition for serious injury or illness of a covered veteran, broadens an employee’s ability to obtain certification of a servicemember’s serious injury or illness, and develops the concept of a “qualifying exigency leave” arising from the call up to active duty.
The final rule becomes effective on March 8, 2013.