DOL Proposes Revisions to FMLA Regulations

On February 13, 2012, the DOL published a Notice of Proposed Rulemaking (“NPR”) proposing regulations implementing the changes to the Family and Medical Leave Act (“FMLA”) made by the 2010 National Defense Authorization Act (“NDAA”).  The NDAA amended the FMLA to permit eligible family members of all active duty service members to take leave for qualifying exigencies related to the call to active duty of the service member.  Previously, only eligible family members of National Guard and Reservists called to active duty in support of a contingency operation were permitted to take this type of leave.  The NDAA also extends the availability of military caregiver leave to: (1) eligible family members of recent veterans with serious injuries or illnesses incurred in the line of duty; and (2) eligible family members of current service members or veterans with serious injuries or illnesses resulting from the aggravation of a preexisting condition during military service.  The NPR also proposes to extend the amount of leave an employee may take for rest and recuperation qualifying exigency leave from five to up to 15 days.