National Defense Authorization Act for 2010

Barack Obama

Signed into law by Barack Obama
October 28, 2009

The 2010 NDAA amendments to the FMLA allow any employee whose spouse, son, daughter, or parent is on “covered active duty” in the Armed Forces to take FMLA leave for certain “exigencies” related to that service. The amendment also expands the military caregiver leave provisions of the FMLA and amended the definition of a “serious injury or illness” to include not only not only those incurred in the line of duty, but also serious injuries or illnesses that were “aggravated by service in line of duty on active duty in the Armed Forces.”

Enforcement & Remedies

Unlike Title VII and many other anti-discrimination statutes, plaintiffs pursuing causes of action under the FMLA have the option of filing a charge of discrimination with the EEOC or proceeding directly to federal district court. For employees who prevail on their claims, the “liquidated damages” provision of the FMLA provides that any award entered by a jury shall be doubled.