Q: How are military FMLA leaves different from traditional FMLA leave?
A: Traditional FMLA leave is typically associated with time off for the employee's own serious health condition (SHC) or to care for a family member with an SHC. Military FMLA applies in two scenarios: (1) to care for a covered servicemember injured in the line of duty, or (2) time off to provide support to a covered servicemember for a "qualifying exigency." In the first situation, an employee may be entitled to up to 26 workweeks of leave, rather than the 12 workweeks typically provided under "traditional FMLA." In the second scenario, time off is limited to 12 workweeks, but the leave may be taken for non-medical reasons, such as assisting with childcare, helping with short-notice deployment items, and much more. These are the federal law requirements. State law may vary. Please check with Employers Council to learn about state law differences.
Click here for more information on military FMLA requirements.