How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Military Law question
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

Military FMLA Rules

What is Military FMLA?

FMLA leave entitlements for military families (“military family leaves provisions”). The National Defense Authorization Act for FY 2008 (“NDAA”), Public Law 110-181, amended the FMLA to provide two types of military family leave for FMLA-eligible employees. The new FMLA regulations include these two types of military family leave referred to as “qualifying exigency leave” and “military caregiver leave.” Not all employers are subject to the FMLA law, public agencies, state local and federal employees, schools, and private sector employees that have 50 or more employees do however fall under the FMLA provisions.

To be eligible to take FMLA leave for any qualifying reason, an employee of a covered employer must have worked for the employer for a total of 12 months, have worked at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.

“Qualifying exigency leave” is one of the two new military family leave provisions. It may be taken for any qualifying exigency arising out of the fact that a covered military member is on active duty or call to active duty status. The Department’s new regulations include a broad list of activities that are considered qualifying exigencies and will permit eligible employees who are family members of a covered military member to take FMLA leave to address the most common issues that arise when a covered military member is deployed, such as attending military-sponsored functions, making appropriate financial and legal arrangements, and arranging for alternative childcare. Read below where Experts have answered a few of the top Military FMLA questions.

Does Military FMLA cover an employee if the employee’s husband is being deployed and the employee wants to take a week off to be with the husband before he leaves?

The company is not obligated to grant the individual time off from work. Seeing how there is no state law or federal law requiring them to. This time off is at the sole discretion of the employer. However, depending on the size of the company, there may be a new FMLA provision that may cover the leave- See the Provision below; File a FMLA leave request. Here is the provision that applies http://www.dol.gov/dol/allcfr/title29/Part_825/29CFR825.126.htm
(6) Rest and recuperation.
(i) To spend time with a covered military member who is on short-term, temporary, rest and recuperation leave during the period of deployment;
(ii) Eligible employees may take up to five days of leave for each instance of rest and recuperation;

Can an employer deny Military FMLA if the soldier has only worked intermittent hours due to being deployed?

Under USERRA law, you cannot be discriminated against because you are serving as a member of the armed forces. Because of this, an employer may not deny you a benefit based on your participation in the military. Thus, your employer needs to look at your schedule had you NOT needed to take any military leave. If you would have worked for at least 1250 hours, then you qualify for FMLA.

Additionally, here is the part of the USERRA statute that is applicable:

§ 4311. Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited

(a) A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.

Is Military FMLA only good for the National Guard or National Reserves?

No, the Military FMLA is good for all personnel that is active in any branch of the US Military. Below is a helpful website that outlines the rules and regulations for the FMLA http://www.dol.gov/whd/fmla/finalrule/MilitaryFAQs.pdf

If someone’s son is over 18 years old and was injured while in the Military, can the parents take FMLA while he is in the hospital?

The President signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110-181. Among other things, section 585 of the NDAA amends the Family and Medical Leave Act of 1993 (FMLA) to permit a "spouse, son, daughter, parent, or next of kin" to take up to 26 work weeks of leave to care for a "member of the Armed Forces, including a member of the National Guard or Reserves, 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." The NDAA also permits an employee to take FMLA leave for "any qualifying exigency (as the Secretary [of Labor] shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation."

Military FMLA can have many rules and regulations for someone who is employed or that is an employer. Employers and employees need to know their rights under the FMLA law. Many times there are questions concerning FMLA rules and often employees are denied FMLA leave. If someone is faced with these types of scenarios, they can contact an Expert.
Ask a Military Law question
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21218
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21218
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18397
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8496
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3857
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent FMLA Questions

  • my son coming home from deployment abroad for 30 days.how long

    my son coming home from deployment abroad for 30 days.how long of FMLA can I request for? he's home for a month, can I req for that much FMLA?
  • I am an active duty soldier and my son who is disabled requires

    I am an active duty soldier and my son who is disabled requires 24/7 supervision for the next few months. Am I entitled to receive FMLA to take care of my child during this time?
  • Military Leave/FMLA as applied to the National Guard

    As a M-day service member of the Army National Guard, the regulation that governs taking maternity leave is AR 135-91 which only authorizes 6 weeks (i.e. one excused drill month). This policy is inconsistant with active duty policy (60 day convalescent leave plus up to 30 days of accrued leave) and the FMLA. Is there any mandate or special rules that offer M-Day service members the same protection as offered by the FMLA. In my particular situation, I was protected by FMLA in my civilian job. The Uniformed Services Employment and Reemployment Rights Act (USERRA) allows Soldiers who were deployed/mobilized to accure time towards FMLA eligibility while on active duty; however, there is no reciprocal policy (to my knowledge) that allows National Guard soldiers to eligible to be excused from drill beyond the 6 weeks of medical "leave". This became an issue for me as I requested to be excused from drill for 3 months after having a baby and declined command to do so as my commander was mobilized (voluntarily) right after I gave birth. Unfortunately, no acting commander was appointed so I unofficially fulfilled these duties for 3 months. Early on, I was asked to sign a letter of declination which I did. The letter of declination incorporated a clause stating that my declination would not prevent me from being considered for future commands. However, no one was ever appointed so I continued to unofficially command the unit. At the end of the 2 months, I decided I was ready to assume command as I returned to work and my child was no longer newborn.  I didn't think there would be an issue since no one had been appointed, but apparently, the TAG (who became my direct supervisor upon mobilization of my commander) had been offended that I initially declined so he opted to appoint my subordinate over me and removed me from the unit--4 weeks after I reasserted my request to be considered for command. My subordinate's appointment orders were backdated so that it appears as if he was commander during the 3 months that I commanded the unit. Since I have a very specific MOS (warrant officer), there's no position in the Guard that I could be assigned. Subsequently, after 6 months of attempting to resolve this with the chain of command, I felt I had to transfer into the IRR versus spending the rest of my military career without a position or duty title.  Of course, my decision was aided by hearing the TAG stated during an WOPD that if you turn down a invitation for a position, there is no place for you in his Guard. My questions: Is it legal/ethical for the TAG to backdate appointment orders as I described? Is there any recourse that I can pursue as I feel that I was discriminated against because I requested 3 months of maternity leave/excused absence from drill (which my former commander approved and which I never received)? It troubles me that National Guard soldiers are not afforded the ability to qualify for more protection (or maternity leave) that all other federal employees and active duty soldiers have. 

< Last | Next >