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Military Family Medical Leave Act Questions

What is the Family Medical Leave Act (FMLA)? Will FMLA cover a spouse of a military man who will be on leave from Iraq? The FMLA is a federal law that requires employers to provide employees job-protected, unpaid leave for medical and/or family reasons. If you or a loved one is a member of a branch of military, you may have questions regarding taking a medical leave. It is important to get accurate, reliable information, and Experts can give you this. Read below where verified military Experts have answered questions for military members and loved ones.

Is FMLA only for reserves and National Guard?

No, FMLA applies to all branches of the military.

In Texas, will FMLA allow spouses of military members on leave to have the same time off work?

Case Details: Washington has a similar law. Spouse has not been employed with an employer for at least 12 months.

No, there is no such law in Texas. In fact, the State of Washington’s law is very unique. All other states that have adopted their own version of the FMLA law mimic the Federal version as it applies to military related leave, requiring 12 months of employment. Texas has not passed its own version of this law, so there is no reduced requirement available.

Are there othere laws, like FMLA, to allow the spouse of a military member time off work before his or her spouse is scheduled to be deployed?

No, there are no other laws. In fact, that is exactly why the changes to the FMLA had to be made in the first place. Prior to that law being put in place, there were no protections at all.

Will FMLA cover the wife of a military man who will be on leave from Iraq?

Yes, the wife may file an FMLA leave request. The provisions that apply are as follows:

(6) Rest and recuperation.

(i) To spend time with a covered military member who is 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.

Tell the employer that it has to be granted because it is a Federal law, but individual has to be on the job for 12 months to qualify for FMLA protection

Can a grandparent get FMLA protection from employer for taking care of grandchild whose single mother is in the military?

If an individual meets all of the basic requirements, such as having been employed for 12 months, having worked at least 1,250 hours before the leave, and working at a location where there are 50 or more employees within a 75 mile driving radius, then the individual should be able to get FMLA protection for taking care of grandchild. If the employer gives the individual any problems, then the individual should file a formal complaint with the Department of Labor.

Can an individual in the Navy use saved FMLA time for a current injury?

Case Details: Sick and annual leave may not cover the recovery and rehabilitation.

Under regulations, FMLA can only be used for leave connected with military service. In other words, the individual would have to use it for time called up during active duty or training. Therefore, the FMLA cannot be used to supplement sick or annual leave for an injury.

If you are an individual serving in the military, it is important to know where to turn to for the valuable information that you may need when legal questions arise. Consulting with an attorney is not always convenient or affordable, and therefore an Expert may be the next best option. If you have other questions, verified Experts are available to answer all your questions in a timely and affordable manner.

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