Introduction to FMLA Military Leave
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 the FMLA allows employees to take time off to care for a family member injured in military service or to attend to qualifying exigencies related to a family member's military service.
To be eligible for FMLA military leave, 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 leave. Employers with 50 or more employees are subject to the FMLA, and must provide eligible employees with FMLA leave and maintain their health benefits during the leave period.
Types of FMLA Military Leave
There are two types of FMLA military leave: military caregiver leave and qualifying exigency leave. Military caregiver leave allows eligible employees to take up to 26 weeks of leave in a single 12-month period to care for a family member who is a covered service member with a serious injury or illness. Qualifying exigency leave allows eligible employees to take up to 12 weeks of leave in a 12-month period to attend to qualifying exigencies related to a family member's military service.
Qualifying exigencies may include short-notice deployment, military events and related activities, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and other activities related to a family member's military service.
Eligibility and Benefits
To be eligible for FMLA military leave, employees must meet the general eligibility requirements of the FMLA, including having worked for their employer for at least 12 months and having completed at least 1,250 hours of service in the 12 months preceding the start of leave. Employees who are eligible for FMLA military leave are entitled to the same benefits as employees taking leave for other FMLA-qualifying reasons, including continuation of health benefits and reinstatement to their previous position or an equivalent position.
Employers are required to maintain the employee's health benefits during the leave period, and employees are entitled to accrue seniority and other benefits during the leave period. Employees may also be eligible for pay during the leave period, depending on their employer's policies and any applicable collective bargaining agreements.
Employer Obligations
Employers with 50 or more employees are subject to the FMLA and must provide eligible employees with FMLA leave, including military leave. Employers must also maintain the employee's health benefits during the leave period and reinstate the employee to their previous position or an equivalent position upon return from leave.
Employers must also provide employees with notice of their eligibility for FMLA leave and the terms and conditions of the leave, including the employee's rights and responsibilities. Employers who fail to comply with the FMLA may be liable for damages, including back pay, front pay, and other equitable relief.
Conclusion
The FMLA provides eligible employees with important protections and benefits, including military leave. Employees who are eligible for FMLA military leave are entitled to take time off to care for a family member injured in military service or to attend to qualifying exigencies related to a family member's military service.
Employers must comply with the FMLA and provide eligible employees with military leave, including maintaining their health benefits during the leave period and reinstating the employee to their previous position or an equivalent position upon return from leave. Employees who believe their employer has violated the FMLA may file a complaint with the U.S. Department of Labor or seek private counsel.
Frequently Asked Questions
What is the difference between military caregiver leave and qualifying exigency leave?
Military caregiver leave allows eligible employees to take up to 26 weeks of leave to care for a family member with a serious injury or illness, while qualifying exigency leave allows eligible employees to take up to 12 weeks of leave to attend to qualifying exigencies related to a family member's military service.
How do I know if I am eligible for FMLA military leave?
To be eligible for FMLA military leave, you must have worked for your employer for at least 12 months and have completed at least 1,250 hours of service in the 12 months preceding the start of leave.
Can I take FMLA military leave to care for a family member who is not a covered service member?
No, FMLA military leave is only available to care for a family member who is a covered service member, which includes current members of the Armed Forces, including the National Guard and Reserves, and veterans who were members of the Armed Forces at any time during the five years preceding the start of leave.
Do I have to provide my employer with notice before taking FMLA military leave?
Yes, you must provide your employer with at least 30 days' notice before taking FMLA military leave, unless the need for leave is unforeseeable, in which case you must provide notice as soon as practicable.
Can my employer deny my request for FMLA military leave?
No, your employer cannot deny your request for FMLA military leave if you are eligible and have provided the required notice and documentation.
What happens to my job while I am on FMLA military leave?
Your employer must reinstate you to your previous position or an equivalent position upon return from leave, with the same benefits and terms and conditions of employment.