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Important 2008 Amendments To FMLA

Two new categories of FMLA leave were created by a 2008 amendment:

  1. Injured Service Member Leave. Employees who are the spouse, parent, child or "next of kin" of a service member who suffers a serious injury or illness while on active duty may take up to 26 weeks of FMLA leave during the 12 month period immediately after the injury.
  2. Leave for "Qualifying Exigency." Employees with a spouse, parent or child who is on active duty or has been called to active duty may take up to 12 weeks of FMLA leave when a "qualifying exigency" is experienced. 

What is qualifying exigency?  It is a good question because Congress chose not to define it. The department of labor has indicated that "qualifying exigency" may include things such as making arrangements for childcare, making financial and legal arrangements, attending counseling relating to the active duty of the service member, or attending to farewell or arrival arrangements for the service member.

Categories: FMLA
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