Military Family Leave

Recognizing the unique needs and challenges faced by service members and their families, Congress amended the Family and Medical Leave Act (FMLA) in 2008 to expand the scope of mandatory leave from employment available to them. The parent, child, or spouse of an active-duty member of the United States Armed Forces who works for a covered employer may be entitled to exigency leave or, along with next of kin, may be eligible for leave to care for an injured military member or veteran.

Generally speaking, the FMLA only applies to larger employers, i.e., employers with 50 or more employees within a 75-mile radius of the leave-seeker’s workplace. Additionally, to be eligible, the person seeking leave must have worked at least one year and at least 1,250 hours in the past 12 months.

If eligible, the employee can take up to 12 weeks of unpaid leave to assist with issues surrounding a family member’s impending deployment. Qualifying events include handling childcare arrangements or attending official military ceremonies for the service member.

Additionally, an eligible employee who is the parent, child, spouse, or next of kin of a seriously injured or ill active-duty military member or veteran can use 26 weeks of unpaid leave to provide care. Leave renews annually. If an eligible employee exhausts all 26 weeks in one 12-month period, he or she can use an additional 26 weeks in the next 12-month window. FMLA Military Leave is protected, which means that the employer must return the employee to the same or a nearly identical job after the leave ends.

Service in the armed forces places incredible demands on service members and their families. Leave under the FMLA can help lessen the burden. Additional information can be found online.