National Defense Authorization Act
On January 28, 2008, the Family Medical Leave Act (“FLMA”) was amended to add the National Defense Authorization Act for FY 2008 (“NDAA”), which takes effect on January 16, 2009. The NDAA provides that a spouse, son, daughter, parent, or next of kin may take up to 26 workweeks of leave to care for a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is on the temporary disability retired list, for a serious injury or illness. Serious injury or illness when referring to members of the Armed Forces is defined as “an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.” This Amendment expands the twelve weeks of leave generally granted to employees under the FMLA.
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