A U.S. Department of Labor Final Rule amending certain regulations of the Family and Medical Leave Act (FMLA) becomes effective on March 8, 2013.

This Final Rule:

  • extends the availability of FMLA leave to family members of members of the Regular Armed Forces for qualifying exigencies arising out of the servicemember’s deployment;
  • defines those deployments covered under these provisions;
  • extends FMLA military caregiver leave for family members of current servicemembers to include an injury or illness that existed prior to service and was aggravated in the line of duty on active duty; and
  • extends FMLA military caregiver leave to family members of certain veterans with serious injuries or illnesses.


The DOL has issued a new poster incorporating these amendments, which all covered employers should use no later than March 8, 2013. The poster may be downloaded here.



The new rules are technical and complex, and will likely require modifications to your existing FMLA policy. If you have any questions about this alert or would like to discuss your company’s employment policies, please contact a member of our Employment Law Practice.

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