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Defense Bill Expansion of FMLA 'Qualifying Exigency' and Military Caregiver Leave
McGuireWoods 
[Guidance Overview] Nov. 25, 2009
Excerpt: With the passage of the NDAA 2010, the right to take leave for qualifying exigencies has been changed in two important ways. Qualifying exigency leave is no longer limited to family of National Guard members or reservists. Under the new amendments, family members of any regular component of the Armed Forces are eligible for qualified exigency leave. The right to take qualified exigency leave is no longer triggered by a family member being on active duty or called to active duty in support of a military 'contingency operation.' Now, an eligible employee whose spouse, parent or child is a member of the Armed Forces may take FMLA leave for a qualifying exigency related to the fact that they are deployed with the Armed Forces to a foreign country.
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