The Family and Medical Leave Act (FMLA) provides eligible employees with unpaid leave. Military families also qualify, so understand your leave options if you’re the spouse, parent, child, or next of kin to someone who serves on active duty in the Armed Forces, including National Guard and Reserves.
The military family leave provision of the FMLA allows for two types of leave.
1. Qualifying Exigency Leave
Receive up to 12 weeks of annual leave. You can use that leave to handle qualifying exigencies related to your spouse, parent or child’s active duty or call to active duty. Keep in mind that you only get 12 weeks of FMLA per year, so you can’t take 12 weeks of military family leave and an additional 12 weeks for other concerns.
Qualifying exigencies include:
- Short-notice deployment of up to seven days.
- Military events, ceremonies, family assistance programs, and other related activities.
- Child care and school activities for your family member’s child.
- Financial and legal arrangements, such as making a will or arranging bank account transfers.
- Counseling for yourself, your military family member or your family member’s child.
- Rest and Recuperation of up to 15 days with your family member.
- Post-deployment activities, including ceremonies, briefings or a family member’s funeral.
- Parental care to arrange for urgent short-term care or other care for your parent.
2. Military Caregiver Leave
Receive up to 26 weeks of annual leave to care for an injured or ill spouse, child, parent, or next of kin. You may take this leave all at once or intermittently and use up to 12 of these weeks for other FMLA purposes besides caring for your military loved one.
With this leave, you’re limited to a “per injury, per service member” leave, which means your next leave must be to care for a different injury or a different loved one.
Qualifying injuries of illnesses for this leave meet several qualifications.
- Occur during active duty.
- Render your loved one medically unfit for duty.
- Aggravate a previous injury or illness.
- Involve medical treatment, recuperation or therapy.
Follow Normal FMLA Rules
When taking military family leave, remember that normal FMLA rules apply.
- Request your leave all at once or intermittently over the year.
- Give your employer advance notice if possible.
- Take accrued paid leave during your military family leave.
- Provide documentation of your family member’s active duty or Rest and Recuperation leave orders.
Understand the basics of military family leave if you have a loved one on active duty. This benefit gives you time to support your loved one or receive the support you need. For additional resources, see Insurance for Vintage Military Vehicles and Military Jeeps Insurance, or talk to an agent. For more details on this important benefit, talk to your Human Resources department.
Frequently Asked Questions
Who qualifies for military family leave under the FMLA?
Eligible employees who are the spouse, parent, child, or next of kin of a service member on active duty or called to active duty may qualify.
How many weeks of leave can I take for qualifying exigencies?
You may take up to 12 weeks of FMLA leave per 12-month period for qualifying exigencies related to a service member’s active duty.
What is the maximum leave to care for an injured service member?
Military caregiver leave allows up to 26 weeks of leave in a single 12-month period to care for a covered service member with a qualifying injury or illness.
Can I use paid leave while on FMLA military family leave?
Yes; you may be required or allowed to use accrued paid leave during your FMLA leave, depending on your employer’s policies.