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Military Family Leave Act

 

 


Military Family Leave Act


U.S Department of Labor: Wage and Hour Division (WHD)
 

Military Family Leave Provisions

    The Family and Medical Leave Act was amended by the National Defense Authorization Act for FY 2008 (2008 NDAA) and the National Defense Authorization Act for FY 2010 (2010 NDAA) to provide two important leave entitlements that benefit military families. 

Qualifying Exigency Leave  

Eligible employees who are the spouse, son, daughter, or parent of a military member may take up to 12 weeks of FMLA leave during any 12-month period to address the most common issues that arise when a military member is deployed to a foreign country, such as attending military sponsored functions, making appropriate financial and legal arrangements, and arranging for alternative childcare.  This provision applies to the families of members of both the active duty and reserve components of the Armed Forces.
 

What's a Qualifying Exigency?

Qualifying exigency leave may be used for:

•short-notice deployment (defined as notice of an impending call or order to active duty within seven days of the date of deployment)

•military events and related activities, such as informational briefings, family assistance programs, or official ceremonies and events

•childcare and school activities, including arranging alternative childcare, caring for children on an immediate, urgent basis, and attending school meetings

•making financial and legal arrangements, such as executing powers of attorney, obtaining military identification cards, or preparing a will or trust

•counseling

•rest and recuperation (that is, to spend time with a military family member who is on short term rest and recuperation leave), and

•post-deployment activities, including arrival ceremonies, reintegration events, and issues relating to the death of a military family member.
 

Military Caregiver Leave  

Eligible employees who are the spouse, son, daughter, parent or next of kin of a covered service member may take up to 26 weeks of FMLA leave during a single 12-month period to care for the service member who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred or aggravated in the line of duty on active duty.  This provision applies to the families of members of both the active duty and reserve components of the Armed Forces.
 

Key News

On February 15, 2012, the U.S. Department of Labor announced that the Wage and Hour Division published a Notice of Proposed Rulemaking (NPRM) to implement and interpret statutory amendments to expand the military family leave provisions.  All interested parties are invited to submit written comments on the proposed rule on or before April 16, 2012 at www.regulations.gov.

More information is available at the Wage and Hour Division's Proposed Rule Website  http://www.dol.gov/whd/fmla/NPRM/index.htm .

For additional information on the FMLA, please visit www.dol.gov/whd/fmla .

Additional Resources:  

2010 NDAA Guidance http://www.dol.gov/whd/fmla/2010ndaa.htm 

2008 NDAA Guidance      http://www.dol.gov/whd/fmla/NDAA_fmla.htm    

2008 NDAA FAQs (PDF) down loaded

 Fact Sheet # 28A: The Family and Medical Leave Act Military Leave Entitlements (PDF)

Wage and Hour Division (WHD)

FMLA Special Rules for Returning Military Members (USERRA)

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that a person reemployed under its provisions be given credit for any months and hours of service he or she would have been employed but for the USERRA-covered service in determining eligibility for Family and Medical Leave Act (FMLA) leave. For more information, please refer to:  FAQ: USERRA-FMLA.

 

Spanish

FMLA Special Rules for Returning Reservists (USERRA) http://www.dol.gov/whd/fmla/userra.htm  

Forms:  

 WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF) found in http://www.dol.gov/whd/fmla/

 WH-385 Certification for Serious Injury or Illness of Covered Service member -- for Military Family Leave (PDF) found in http://www.dol.gov/whd/fmla/

Law  

The Family and Medical Leave Act of 1993 (fact sheet found in http://www.dol.gov/whd/fmla/ )

Amended Title I Law (fact sheet found in http://www.dol.gov/whd/fmla/ )

Current Regulations   

 Part 825 - The Family and Medical Leave Act of 1993 (fact sheet found in http://www.dol.gov/whd/fmla/ )

 
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