Leave Entitlements - Military
Under the new law, FMLA-eligible employees will now be entitled to the following:
Family Leave Due to a Call to Active Duty - This benefit provides 12 workweeks of unpaid FMLA leave due to a spouse, son, daughter or parent being on active duty or having been notified of an impending call or order to active duty in the Armed Forces. Leave may be used for any “qualifying exigency” arising out of the service member’s current tour of active duty or because the service member is notified of an impending call to duty in support of a contingency operation. This leave is for employees who have a spouse, parent, son or daughter (a “covered military member") who is on active duty or (federal) call to active duty in support of a contingency operation when they are members of the National Guard or the Reserves or are a retired member of the regular armed services. A covered military member does not include a member of the regular armed forces.
Caregiver Leave for an Injured Service member - This benefit provides 26 workweeks of unpaid FMLA leave during a single 12-month period for a spouse, son, daughter, parent, or next of kin caring for a recovering service member. A recovering service member is defined as a member of the Armed Forces who suffered an injury or illness while on active-duty that may render the person unable to perform the duties of the member’s office, grade, rank or rating.