Office of the Deputy Chief of Staff, G1
DAPE-CPZ  APR 06 2010


MEMORANDUM FOR SEE DISTRIBUTION

SUBJECT: Expanded Military-Related Family and Medical Leave Act (FMLA) Leave Benefits for Nonappropriated Fund (NAF) Employees



  1. References:
    1. The National Defense Authorization Act (NDAA) for Fiscal Year 2010, Public Law 111-84 (October 28, 2009)
    2. Office of Personnel Management (OPM) memorandum, 5 March 2010, Subject: Recent Changes to the Family and Medical Leave Act
    3. Department of Defense (DoD) Civilian Personnel Manual 1400.25-M, Subchapter (SC) 1406, SC1406.2.2.5
  2. Section 565 of Reference a, amends the Family and Medical Leave Act (FMLA) provisions in 5 U.S.C. §§6381-6383 to provide a new entitlement to qualifying exigency leave for Federal employees covered by the U.S. Office of Personnel Management (OPM) regulations parallel to the entitlement provided to employees covered by the DOL's FMLA regulations and expands the coverage for the 26 week entitlement for family members to care for a covered servicemember.
  3. Reference c administratively extends OPM's FMLA regulations to NAF employees in regular and flexible continuing positions covered under Title II of the FMLA. Until specific regulations are issued by OPM to reflect these changes, Army activities are to apply the interim OPM guidance at Enclosure 1 for these NAF employees.
  4. With respect to qualifying exigency leave, NAF employees serving in regular or flexible continuing positions may use up to a total of 12 administrative workweeks of FMLA leave during a 12-month period "because of any qualifying exigency arising out of the fact that the spouse or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces in support of a contingency operation". The NAF Human Resources Office may request certification on DOL Form WH-380, Certification of Health Care Provider.
    "Covered active duty" means duty of a member of a regular component of the Armed Forces during deployment to a foreign country, and duty of a member of a reserve component of the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in 10 U.S.C. 101(a) (13(B)."

    Qualifying exigency leave may be used for such reasons as:
    1. Short-notice deployment
    2. Military events and related activities
    3. Childcare and school activities
    4. Financial and legal arrangements
    5. Counseling
    6. Rest and Recuperation
    7. Post-deployment activities
    8. Additional activities, to address other events which arise out of the military member's covered active duty or call to covered active duty status provided the employer and employee agree that such leave shall qualify as an exigency, and agree to both the timing and duration of such leave.
  5. Reference a also expands the coverage for the 26 week entitlement for family members to care for a covered servicemember undergoing medical treatment, recuperation, or therapy, for a serious injury or illness, by amending the definitions of "covered servicemember" and "serious injury or illness." The term "covered servicemember" now includes "a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy." The term "serious injury or illness" now includes, in certain circumstances, conditions that existed before the beginning of the member's active duty that were aggravated by service in line of duty on active duty in the Armed Forces.
  6. Note that NAF employees serving under a flexible appointment with a stated time limitation or "not to exceed" date of one year or less are subject to the provisions of Title I of the FMLA and Department of Labor regulations at 29 C.F.R. Part 825. See DOL regulations and guidance at http://www.dol.gov.whd/fmla/.
  7. The point of contact for questions and guidance is Ms. Rena Gwyn, NAF Human Resources Policy and Program Division, 703-325-7763 or DSN 221-7763.




//original signed //                        
TONY WHITEHOUSE                            
         Deputy Assistant G-1 for Civilian Personnel


DISTRIBUTION:

ADMINISTRATIVE ASSISTANT TO THE SECRETARY OF THE ARMY

ARMY NAF HUMAN RESOURCES
U.S. ARMY FORCES COMMAND
U.S. ARMY TRAINING AND DOCTRINE COMMAND
U.S. ARMY MATERIEL COMMAND
U.S. ARMY EUROPE
U.S. ARMY CENTRAL
U.S. ARMY NORTH
U.S. ARMY SOUTH
U.S. ARMY PACIFIC
U.S. ARMY SPECIAL OPERATIONS COMMAND
U.S. ARMY SPACE AND MISSILE DEFENSE COMMAND/ARMY FORCES STRATEGIC COMMAND
EIGHTH US ARMY
U.S. ARMY NETWORK AND ENTERPRISE TECHNOLOGY COMMAND/9TH SIGNAL COMMAND (ARMY)
U.S. ARMY MEDICAL COMMAND
U.S. ARMY INTELLIGENCE AND SECURITY COMMAND
U.S. ARMY CRIMINAL INVESTIGATION COMMAND
U.S. ARMY CORPS OF ENGINEERS
U.S. ARMY MILITARY DISTRICT OF WASHINGTON
U.S. ARMY TEST AND EVALUATION COMMAND
U.S. MILITARY ACADEMY
U.S. ARMY RESERVE COMMAND
U.S. ARMY INSTALLATION MANAGEMENT COMMAND
U.S. ARMY ACCESSIONS COMMAND

DIRECTOR, CIVILIAN HUMAN RESOURCES AGENCY
DEPUTY CHIEF OF STAFF FOR INTELLIGENCE, ATTN: DAMI-CP
OFFICE, ASSISTANT SECRETARY OF THE ARMY (MANPOWER AND RESERVE AFFAIRS), ATTN: SAMR-PO (MS. WARD)
OFFICE OF THE GENERAL COUNSEL, ATTN: SAGC (MS. JOHNSON)
OFFICE OF THE JUDGE ADVOCATE GENERAL, ATTN: DAJA-LE (MS. NUGENT)