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Family and Medical Leave Act requirements for service members

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees working for covered employers with unpaid leave for specific circumstances. There are provisions for circumstances related to civilians, but there are also specific provisions for members of the United States military

It’s critical for anyone who needs to seek leave under the FMLA to understand their rights and the provisions provided by it. 

Military qualifying exigency

Up to 12 weeks of leave can be taken under the military exigency provision. It covers circumstances that involve someone in the Reserves or National Guard being called up for active duty. This can include having to attend military briefings, handling legal matters, taking care of financial duties or making childcare arrangements. In some cases, it covers time with the military member if they are on a short-term leave from a deployment. 

Military caregiver leave

Military caregiver leave enables someone to take up to 26 weeks of leave in a 12-month period to care for a service member who was injured or suffered a serious illness in the line of duty. All military members, including those on active duty, in the Reserves or in the National Guard, are covered under this provision, so their next of kin, children, parents or spouse can take this leave. 

FMLA leave can provide military members with the support they need. It’s sometimes necessary to work with someone who can help to ensure an employer provides the required time off under this act.