Military Family Leave Under the FMLA

If no topics are selected, all topics will be searched.

Military Family Leave Under the FMLA

Reference Number: MTAS-510
Reviewed Date: 09/04/2026

The Family and Medical Leave Act (FMLA) provides special leave protections for eligible employees who have family members in the military. These protections include qualifying exigency leave and military caregiver leave.

Qualifying Exigency Leave
Eligible employees may take up to 12 workweeks of FMLA leave during the applicable 12-month period for certain qualifying exigencies related to a spouse, child, or parent who is on covered active duty or has been notified of an impending call or order to covered active duty.

For members of the Regular Armed Forces, covered active duty generally means deployment to a foreign country. For members of the National Guard or Reserves, covered active duty generally means deployment to a foreign country under a call or order to active duty in support of a contingency operation.

Qualifying exigencies may include:

  • Short-notice deployment.
  • Military events and related activities.
  • Certain child-care and school activities.
  • Financial and legal arrangements.
  • Counseling.
  • Rest and recuperation leave.
  • Post-deployment activities.
  • Care for a service member’s parent when the parent is incapable of self-care and the active-duty deployment creates a need for care.
  • Other circumstances that the employer and employee agree should qualify as exigency leave.
  • For qualifying-exigency leave, a son or daughter may be any age.

Military Caregiver Leave

  • Eligible employees may take up to 26 workweeks of FMLA leave during a single 12-month period to care for a covered servicemember or covered veteran with a qualifying serious injury or illness.
  • Military caregiver leave may be used to care for an employee’s spouse, child, parent, or next of kin. “Next of kin” generally means the servicemember’s nearest blood relative, other than a spouse, parent, child, or other specifically designated family member.
  • A covered servicemember is a current member of the Armed Forces, including the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty while on active duty, or a preexisting injury or illness that was aggravated in the line of duty while on active duty.
  • A covered veteran is a former member of the Armed Forces, including the National Guard or Reserves, who:
  • Was discharged or released under conditions other than dishonorable.
  • Was discharged or released within the five years before the employee first begins military caregiver leave.
  • Is undergoing medical treatment, recuperation, or therapy for a qualifying serious injury or illness.
  • A qualifying serious injury or illness may include an injury or illness incurred in the line of duty while on active duty or a preexisting condition that was aggravated by service in the line of duty while on active duty.

During the single 12-month period in which military caregiver leave is used, an employee may take no more than a combined total of 26 workweeks of all FMLA leave. For example, if an employee uses 10 weeks of regular FMLA leave during that same single 12-month period, the employee generally has up to 16 weeks of military caregiver leave remaining.

Certification and Administration
The city may require appropriate certification for qualifying-exigency leave or military caregiver leave. Employees should submit requested certification promptly so the city can determine FMLA eligibility and leave entitlement.

 


More Like This