We have noted in the past how the never-ending war on terrorism increasingly affects the workplace. Employees in the National Guard or the Reserves have been called into active duty. The family members of our service personnel are increasingly called upon to care for them.

Congress has responded by amending the Family and Medical Leave Act in two significant ways. As you remember, the FMLA generally applies to employers with 50 or more employees. The two provisions afford additional benefits to qualified employees who are family members of service personnel.

First, the amendment provides leaves of up to 26 weeks to care for members of the Armed Forces, including the National Guard or Reserves, who have suffered a serious injury or illness in the line of duty while on active duty. It applies broadly to service members who are undergoing medical treatment, recuperation, or therapy, are in outpatient status, or otherwise are on the temporary disability retired list, for a serious injury or illness.

For this type of leave, the FMLA expands the definition of covered employee to include the next of kin, or nearest blood relative, of a covered service member.

Second, the FMLA now provides up to 12 weeks of leave because of any "qualifying exigency" arising out of the fact that a covered employee's spouse, child or parent is on or has been called to active duty in the Armed Forces.

Contingent upon the Department of Labor's definition of a qualifying exigency, this provision provides 12 weeks of leave to the immediate family of service members called to active duty.

As you remember, last July, Indiana adopted a statute that generally provides 10 days of unpaid leave for these same purposes. The FMLA rights are in addition to the state law rights, although the time periods may run concurrently.

The other FMLA requirements, such as the requirement that returning employees be restored to the same position as when their leave commenced and the requirement to continue group health plan coverage during the leave, will apply to the newly granted types of leave.

Opinions expressed solely are those of the writer. James Jorgensen practices law at Hoeppner Wagner & Evans in Valparaiso.