Introduction to Military Leave and FMLA
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave for certain family and medical reasons, including military leave. Military leave under FMLA allows employees to take time off for qualifying exigency related to a family member's active duty or to care for a family member who is a covered service member with a serious injury or illness.
To be eligible for military leave under FMLA, employees must have worked for their employer for at least 12 months and have completed at least 1,250 hours of service in the 12 months preceding the start of the leave. Additionally, the employer must have at least 50 employees within a 75-mile radius.
Eligibility for Military Leave Under FMLA
Not all employees are eligible for military leave under FMLA. To qualify, an employee must be the spouse, son, daughter, or parent of a covered service member. A covered service member includes members of the regular Armed Forces, members of the National Guard, and members of the Reserves.
Employees who are eligible for military leave under FMLA may take up to 12 weeks of leave in a 12-month period for qualifying exigency related to a family member's active duty or to care for a family member who is a covered service member with a serious injury or illness.
Qualifying Exigency Leave
Qualifying exigency leave is a type of military leave under FMLA that allows employees to take time off for certain reasons related to a family member's active duty. This may include attending military events, making financial or legal arrangements, or spending time with a family member before deployment.
To take qualifying exigency leave, employees must provide their employer with a copy of the family member's active duty orders and a statement explaining the reason for the leave. The employer may also require certification from a third party, such as a commanding officer, to verify the family member's active duty status.
Military Caregiver Leave
Military caregiver leave is a type of military leave under FMLA that allows employees to take time off to care for a family member who is a covered service member with a serious injury or illness. This type of leave is available for up to 26 weeks in a single 12-month period.
To take military caregiver leave, employees must provide their employer with a certification from a healthcare provider stating that the family member has a serious injury or illness and requires care. The employer may also require periodic updates on the family member's condition and the employee's need for leave.
Rights and Protections Under FMLA
Employees who take military leave under FMLA have certain rights and protections. These include the right to continuation of health insurance coverage, the right to reinstatement to the same or an equivalent position, and protection from retaliation for taking leave.
Employers who violate an employee's rights under FMLA may be liable for damages, including back pay, front pay, and liquidated damages. Employees who believe their rights have been violated may file a complaint with the U.S. Department of Labor or seek private counsel to pursue a claim.
Frequently Asked Questions
What is the difference between qualifying exigency leave and military caregiver leave?
Qualifying exigency leave is for certain reasons related to a family member's active duty, while military caregiver leave is to care for a family member with a serious injury or illness.
How much leave can I take under FMLA for military reasons?
You can take up to 12 weeks of leave in a 12-month period for qualifying exigency or to care for a family member, and up to 26 weeks for military caregiver leave.
Do I need to provide documentation to take military leave under FMLA?
Yes, you will need to provide a copy of the family member's active duty orders and a statement explaining the reason for the leave, as well as certification from a healthcare provider for military caregiver leave.
Can my employer deny my request for military leave under FMLA?
No, if you are eligible and provide the required documentation, your employer must grant your request for military leave under FMLA.
What happens to my health insurance while I am on military leave under FMLA?
Your employer must continue to provide health insurance coverage while you are on leave, and you must continue to pay your share of the premiums.
Can I take military leave under FMLA if I am not a spouse or parent of the service member?
Only spouses, sons, daughters, and parents of covered service members are eligible for military leave under FMLA.