The Family and Medical Leave Act and National Defense Authorization Act (NDAA), Public Law 110-181
Both leaves can be taken on a continuous or intermittent (reduced schedule basis).
In all cases, the leaves are unpaid and count against the long-standing FMLA entitlements.
Military Care-Giver Leave - entitles an eligible employee who is the spouse, son, daughter, parent, or next of kin of a “covered servicemember” to take up to 26 workweeks of FMLA leave in a single 12-month period to care for a “covered servicemember” with a “serious injury or illness”.
Under the 2010 NDAA amendments, the definition of “covered servicemember” is expanded to include a veteran “who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness” if the veteran was a member of the Armed Forces “at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.”
In addition, the 2010 NDAA amends the FMLA’s definition of a “serious injury or illness”.
For a current member of the Armed Forces the definition is amended to include not only a serious injury or illness that was incurred by the member in line of duty on active duty but also a serious injury or illness that “existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces” that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.
For a veteran, a serious injury or illness is defined as “a qualifying injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.”
Military-Exigency Leave - An employee whose spouse, child, or parent is called to active duty in the National Guard or the Reserves in support of a “contingency operation” may take up to 12 weeks of military-exigency leave.
Can be used to handle non-medical “exigencies” relating to family member’s service.
• Making arrangements for childcare,
• Join the service member on rest leaves up to 5 days.
• Making financial and legal arrangements,
• Attending counseling relating to the active duty of the service member,
• Attending to farewell or arrival arrangements for the service member
• Travel to greet service member returning from active duty.
• Attend to affairs caused by the missing status or death of a service member.
In 2010 these provisions were expanded further to include those family members of the regular Armed Forces as well and to include the period of time during which one has been notified of an impending call to covered active duty.
These provisions of FMLA can be of great assistance and comfort to our veterans and their families.
For questions and further information download Military FAQ's and/or visit the Deparment of Labor's website.
