What new types of leave does the amended FMLA now provide?
A. The FMLA has been amended to allow two new types of leave, both associated with military duty. Active-duty leave allows an employee who is a spouse, child or parent of an active-duty (or soon-to-be active-duty) service member to take up to 12 weeks of leave due to a “qualifying exigency.” The leave may be taken all at once or intermittently, may run concurrently with vacation or paid time off and may be unpaid. The U.S. Labor Department is currently in the process of defining what constitutes a “qualifying exigency.” Caregiver leave covers an eligible employee who requires time off to care for a spouse, child, parent, or next of kin “nearest blood relative” who is a covered service member injured in the line of duty. The employee is entitled to take leave of up to 26 weeks within a single (i.e., nonrecurring) 12-month period.
