The Department of Labor issued final regulations that go into effect March 8, 2013, and implement changes/expansions made by the National Defense Authorization Act for Fiscal Year 2010 (NDAA) and the Airline Flight Crew Technical Corrections Act (AFCTCA).

The first expansion provides families of eligible veterans with the same job-protected FMLA leave currently available to families of military service members and it also enables more military families to take leave for activities that arise when a service member is deployed. The second expansion modifies existing rules so that airline personnel and flight crews are better able to make use of the FMLA's protections.

The rule implemented congressional amendments to the FMLA permitting eligible workers to take up to 26 workweeks of leave to care for a current service member with a serious injury or illness. Congress also created qualifying exigency leave, which permits eligible employees to take up to 12 workweeks of leave for qualifying exigencies arising out of active duty or call to active duty in support of a contingency operation of a family member serving in the National Guard or Reserve. This means that workers can attend a spouse's farewell and welcome home ceremonies without being penalized at work. They also can spend time with family members on leave from active duty service without risking their jobs.

The final rule also implements amendments clarifying the application of the FMLA to airline personnel and flight crews. Until the amendments, many flight crews did not meet FMLA eligibility criteria due to the unique way in which their hours are counted. The legislation authorized the department to tailor FMLA regulations that extend protections to these uniquely situated employees.

For more information, including the rule, a military leave guide, fact sheets and other materials, visit http://www.dol.gov/whd/fmla/2013rule.

Leave Requests By Employees With Adult Children With Disabilities

Recent changes expanding employees' eligibility for FMLA leave come not only from the final regulations to be effective March 8, 2013, but also from a recent administrative interpretation where the DOL clarified that employees may be entitled to leave to care for adult children with disabilities, regardless of the child's age when the disability commenced, where the employee stands inloco parentis for the child.

Additionally, interpretation affirmed that the Americans with Disabilities Act Amendments Act of 2008, which greatly expanded the definition of disability under the ADA, should be applied to the assessment of whether an adult child is considered disabled under the FMLA. The interpretation acknowledged that this expanded definition of disability would increase the number of adult children with disabilities for whom parents may take FMLA-protected leave, although other FMLA requirements must also be met in order for a parent to take FMLA leave.