labor lawAdivision of labor law center

The U.S. Department of Labor recently issued new regulations regarding Military Family Leave.

 

In 2008, the president signed into law a new measure, which guarantees FMLA leave for military families in a variety of circumstances. As we have already reported, the new law permits a wounded soldier’s next of kin to take up to 26 weeks of unpaid, job-protected FMLA.

 

Every employer must post a Military Family Leave notice under this law, even if they have no employees who qualify for the leave.

 

The law permits members of a military family to take FMLA leave for a variety of situations when a family member is on active duty. This also applies when a member of the National Guard or military Reserve is called to active duty. When this occurs, family members may take up to 12 weeks of unpaid, job-protected FMLA for any one of a number of “qualifying exigencies.”

 

The new FMLA regulations defines “qualifying exigency” as one of seven categories of activities: 

• Short-notice deployment
• Military events and related activities
• Certain temporary childcare arrangements and school activities
• Financial and legal arrangements
• Counseling by a non-medical counselor
• Rest and recuperation
• Post-deployment military activities 

For short notice deployment, the family member may take up to 7 days of FMLA leave if the military member receives 7 or fewer days notice of a call to active duty, according to the SHRM, or Society of Human Resource Management.

 

The provision for childcare arrangements cannot include ongoing childcare.

 

Counseling is limited to that provided by a non-medical counselor such as clergy, because medical counseling is already included in FMLA.

 

Any leave for rest and recuperation is limited to 5 days while the military member is on temporary R&R leave.

 

In addition, an employer can provide leave under the Military Family Leave Act for other reasons if mutually agreed upon by the employer and the employee. 

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1. Posted by: linda miller

   i whont to know if you have to take your vacasion for military leave

2. Posted by: Amelia

   Hi linda! In some cases, yes. The law requires that military families be given up to 26 weeks of FMLA leave. However, they do not require that military families be given up to 26 weeks of unpaid leave, plus additional paid vacation.
   An employer can require that the employee use his or her paid vacation as the first few weeks of the military FMLA leave. Or, the employer can permit employees to substitute paid vacation for unpaid leave, at the employees discreation. This depends upon company policy. HTH, and thanks for reading the blogs!~Amelia