Military Family Leave Rules

December 25th, 2008 Posted by Cara

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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Posted in Family and Medical Leave Act, Federal Labor Laws, Regulations
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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

  3. Posted by: Lauren Brown

    My husband will be returning from a 7 month deployment in a few months. How much unpaid time off am I entitled to in the state of California? There is no sickness or anything like that, it’s more for rest & recuperation and to bond with each other.

  4. Posted by: Amelia

    Hi Lauren! This is actually a gray area, surprisingly enough. Under the NDAA, you can take military family FMLA to attend arrival and post-deployment ceremonies. That law would also permit you to take up to 5 days of unpaid leave for R&R if your husband were on temporary leave. However, the regulations do not list time off after a deployment as a “qualifying exigency” under the law.
    Part of the dilemma is your husband’s status upon his return. If he is no longer on active duty or under a call to active duty, then military FMLA does not apply to you. If he is still on active duty, you are entitled to leave. Check the sites below, ask your employer for the unpaid time off, and if it is denied, contact the U.S. Department of Labor at http://www.dol.gov to see if they can help. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.dol.gov/whd/fmla/2010ndaa.htm http://www.dol.gov/dol/allcfr/Title_29/Part_825/29CFR825.126.htm

  5. Posted by: Mary Clague

    I have a son in active air force. He has been told about an up coming deployment, but has not been given a date.
    My employer is suggesting that I may not be covered under this act. I would like to travel to see him before he leaves.
    What rights does a parent have under this act

    Thank you

  6. Posted by: Amelia

    Hi Mary! We are delighted to help. The NDAA requires that an employer grant up to 12 weeks of unpaid, job-protected leave to an employee whose spouse, son, daughter or parent has been called to active duty, or informed of an impending call to active duty in support of a contingency operation. Originally this law applied only to members of the National Guard and Reserve, but in October 2009, President Obama extended it to families of those in the regular armed forces, as well.

    Technically the FMLA for military familes does not allow you to take time off to spend with your son before deployment. However, it allows you to take time off to attend any pre-deployment military events, including family support or informational briefings. It also allows you to take time off to help your son arrange his financial, legal or child care issues before deployment. We are sure that you can find a reason in there somewhere, that covers your situation.

    Show your employer the information below. If they are not convinced, ask them to put that in writing. Then contact the U.S. Department of Labor at http://www.dol.gov. Please tell your son we appreciate his service and hope for his speedy, safe return. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.dol.gov/whd/regs/compliance/whdfs28a.pdf
    http://www.dol.gov/whd/fmla/finalrule/MilitaryFAQs.pdf

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