What is Family Military Leave?

Family Military Leave is a provision under the Family and Medical Leave Act (FMLA) that allows eligible employees to take time off to address issues arising from a family member’s military service. This leave helps families manage the demands and challenges associated with military deployments and other service-related activities without fear of job loss.

Key Elements of Family Military Leave

Eligibility

Covered Employees: To be eligible for Family Military Leave, employees must work for a covered employer, have worked for at least 12 months, and have clocked at least 1,250 hours over the past 12 months.

Example: An employee who has been with the company for over a year and meets the hours requirement can request Family Military Leave.

Covered Service Members: The leave can be taken to support immediate family members, such as a spouse, child, or parent, who is a current service member on covered active duty or has been notified of an impending call to active duty.

Example: An employee can take leave if their spouse is deployed overseas for military service.

Duration

Leave Period: Eligible employees can take up to 12 weeks of unpaid leave within 12 months for qualifying exigencies related to a family member’s active duty.

Example: An employee takes three weeks of leave to arrange childcare and handle financial matters during their spouse’s deployment.

Military Caregiver Leave: For employees caring for a wounded service member, the FMLA provides up to 26 weeks of leave within a single 12-month period.

Example: An employee can take extended leave to care for a parent recovering from injuries sustained during military service.

Qualifying Exigencies

Short-Notice Deployment: Leave can be taken to address any issues arising from a family member’s short-notice deployment, typically requiring action within seven days.

Example: An employee uses leave to prepare for their spouse’s unexpected deployment.

Military Events and Activities: Employees can take leave to attend official military events, briefings, and support programs related to the active duty of their family member.

Example: An employee attends a pre-deployment briefing and family support meetings organized by the military.

Childcare and School Activities: Leave can be used to arrange for alternative childcare or attend school activities of a child whose parent is on active duty.

Example: An employee arranges for a babysitter and attends a parent-teacher conference while their spouse is deployed.

Rest and Recuperation: Leave can be taken to spend time with a service member on short-term rest and recuperation leave during deployment.

Example: An employee takes five days off to spend time with their spouse during a brief break from deployment.

Importance of Family Military Leave

Support for Military Families: Family Military Leave provides essential support to families dealing with the challenges of military service. It allows them to manage various aspects of their lives without the added stress of job insecurity.

Employee Morale and Retention: Supporting employees through Family Military Leave can boost morale and loyalty, leading to higher retention rates. Employees are more likely to stay with an employer that respects their family commitments.

Compliance with Legal Requirements: Providing Family Military Leave guarantees that companies comply with FMLA regulations and the US leave laws, protecting them from legal risks and demonstrating their commitment to supporting military families. Employers should also be mindful of state leave laws. This is because state laws may sometimes provide time off and benefits in addition to the federal laws, USERRA and FMLA. 

For example, in California state leave laws. 

ISERRA - the Illinois military law,  ensures rights in addition to the protections of USERRA.