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January 31, 2012

The Department of Labor (DOL) Wage and Hour Division on January 30 issues new proposed regulations under the Family and Medical Leave Act that would further explain the military family leave provisions and incorporate some special provisions for airline flight crews.

The new proposed regulations are in response to the National Defense Authorization Act for Fiscal Year 2012 which amended the FMLA to extend the military caregiver leave entitlement to eligible family members of certain veterans and to extend the qualifying exigency leave entitlement to eligible family members of the Regular Armed Forces.

The major provisions of the new rules include: (1) the extension of military caregiver leave to eligible family members of covered veterans with a serious injury or illness; (2) a flexible, three part definition of serious injury or illness of a veteran; (3) the extension of military caregiver leave to cover serious injuries or illnesses that result from the aggravation during military service of a pre-existing condition for both current service members and veterans; (4) the extension of qualifying exigency leave to eligible family
members of members of the Regular Armed Forces; (5) inclusion of a foreign deployment requirement for qualifying exigency leave for the deployment of all service members (National Guard, Reserves, Regular Armed forces); (6) the addition of a special hours of service eligibility requirement for airline flight crew employees; and (7) the addition of specific provisions for calculating the amount of FMLA leave used by airline flight crew employees.

Presently, the DOL is soliciting comments on the new rules and may make further changes prior to the final release.  Additional information can be found on the Department of Labor’s website (www.dol.gov.opa/media/press/whd/WHD20120177.htm).      01.31.2012

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