The 2010 National Defense Authorization Act ("NDAA") expanded coverage for military exigency leave and military caregiver leave under the FMLA. The 2010 changes provide exigency leave coverage to the family members of a service member in the Regular Armed Forces who is deployed to a foreign country, including reservists who are on duty during deployment with the Armed Forces to a foreign country or are notified of an imminent call to active duty. The provisions also expand caregiver leave to family members assisting veterans undergoing therapy, treatment, or recuperation for a serious injury or illness incurred within a five year window before leaving military service.

California employers should review and, if necessary, revise and redistribute their FMLA policy to employees.

See Related Alert: New FMLA Regulations: Key Changes and Clarifications for Administering Your FMLA Policies and Procedures