Military service often brings unique challenges to employees and their families. Understanding how the Family and Medical Leave Act (FMLA) interacts with military leave is crucial for safeguarding rights and ensuring smooth transitions between work and military responsibilities. This guide will help you navigate FMLA and military leave, outlining protections, processes, and responsibilities for both employees and employers.
How Does FMLA Protect Employees Needing Military Leave?
The Family and Medical Leave Act provides eligible employees with job-protected leave for qualifying family or medical events. When it comes to military service, FMLA offers two specific protections:
Qualifying Exigency Leave:
Employees can take leave to manage situations arising from a family member’s covered active duty or call to active duty status. Qualifying exigencies include:Financial or legal arrangements, such as preparing powers of attorney or wills.
Attending military events or post-deployment activities.
Caring for a military member’s parent during their absence.
Addressing school activities or family support needs.
Military Caregiver Leave:
FMLA entitles eligible employees to care for a covered service member or covered veteran with a serious injury or illness incurred during military service. This includes time for assisting with outpatient status or medical treatment.
Does Military Leave Count Against FMLA?
Yes, FMLA leave for military-related reasons, such as a qualifying exigency or military caregiver leave, counts against an employee’s total FMLA entitlement. Eligible employees can take up to 12 weeks of FMLA leave per calendar year for exigencies or up to 26 weeks to care for a seriously injured service member.
What Military Exigencies Are Acknowledged by FMLA?
FMLA recognizes a variety of military-related exigencies, including:
Assistance programs or support activities tied to deployment.
Arranging or attending healthcare provider meetings for service-related conditions.
Preparing for the departure or return of a covered military member during covered active duty.
Addressing urgent matters related to a national emergency involving the armed forces or National Guard.
How Do Employers Handle Military Leave?
Employers must comply with both FMLA and USERRA (Uniformed Services Employment and Reemployment Rights Act). Key responsibilities include:
Job Protection: Employers must reinstate employees to the same or equivalent position upon their return.
Health Benefits: Employers must maintain health insurance benefits during FMLA leave, similar to other types of leave.
Pay Status: While FMLA leave is typically unpaid leave, some employers offer paid leave or allow employees to use accrued paid family leave, sick leave, or vacation time.
What Are Employee Responsibilities When Requesting Leave?
Employees must follow specific steps to ensure their leave is approved and protected:
Submit FMLA Leave Requests: Notify your employer as soon as possible when a qualifying exigency arises or when care is needed for a covered service member.
Provide Documentation: Employers may require proof of the covered active duty status or a healthcare provider’s certification for a serious health condition.
Coordinate Pay and Benefits: If you wish to use paid leave, coordinate with your employer to avoid disruptions in employee pay and health benefits.
How Does FMLA Work with State Laws Like California Family Rights Act?
State laws like the California Family Rights Act (CFRA) may provide additional protections beyond FMLA. For example:
CFRA allows leave for domestic partners, expanding the scope of family coverage.
California law often grants extended job protection for military families, ensuring employees retain same pay and benefits upon return.
Key Scenarios Employees Should Know
Intermittent Leave: Employees can take leave in smaller increments for situations like ongoing medical treatment or school activities.
Employee Returns: Upon returning, employees are entitled to the same position, ensuring no loss of seniority or benefits.
Temporary Disability Retired List: If a military member is placed on this list, their family may qualify for military family leave under FMLA.
Frequently Asked Questions:
USERRA-Specific FAQs
Q: What is USERRA, and how does it protect employees?
The Uniformed Services Employment and Reemployment Rights Act (USERRA) ensures employees serving in the military can return to their civilian jobs with the same status, pay, and benefits. It applies to all covered employers, including private companies and government agencies, regardless of size.
Q: Does USERRA apply to military training and drills?
Yes, USERRA covers absences for military training, drills, and active duty. Employees are protected as long as they notify their employer in advance and meet reemployment requirements upon return.
Q: What are an employer’s responsibilities under USERRA?
Employers must:
Reemploy service members in their previous positions or equivalent roles.
Maintain certain benefits during the employee’s service.
Avoid discrimination based on military service.
Q: How does USERRA handle military pay during leave?
USERRA does not require employers to provide military pay during service, but employers can allow employees to use accrued vacation or paid leave if the employee requests it.
FMLA-Specific FAQs
Q: What is the Family and Medical Leave Act (FMLA), and who is eligible?
The FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leaveannually for specific family and medical reasons, including caring for family members or managing situations arising from military service.
Q: Can FMLA be used for financial and legal arrangements related to military service?
Yes, FMLA allows leave for financial and legal arrangements, such as preparing wills or powers of attorney, when a family member is deployed on covered active duty.
Q: Does FMLA cover care for a family member undergoing medical treatment?
Yes, FMLA includes military caregiver leave, which allows employees to care for a covered service member with a serious illness or injury incurred during military service.
Q: How do employees request leave under FMLA?
To request FMLA leave, employees must:
Notify their employer as soon as possible.
Provide documentation, such as proof of military orders or a healthcare provider’s certification.
Q: Are employees entitled to pay while on FMLA leave?
FMLA leave is typically unpaid, but employees may use accrued paid leave, such as vacation or sick time, if their employer responsibilities allow it.
FAQs Covering Both USERRA and FMLA
Q: Can an employee use both USERRA and FMLA protections at the same time?
Yes, in certain situations. For example, an employee on military training may have job protection under USERRA, while an employee managing family support due to deployment may qualify for FMLA exigency leave.
Q: How do covered employers comply with both laws?
Employers must:
Understand the unique protections under each law.
Maintain clear communication with employees about their rights.
Document requests for leave and ensure compliance with employer responsibilities under both statutes.
Q: Does FMLA apply to military service beyond serious illness or deployments?
Yes, FMLA covers a range of military-related events, including post-deployment activities, attending family support sessions, and financial and legal arrangements tied to active duty.
Conclusion
Navigating FMLA and military leave requires a clear understanding of rights and responsibilities. The Family and Medical Leave Act protects employees facing military-related challenges, ensuring access to job protection, healthcare benefits, and time to address critical needs.
Employers and employees alike must stay informed to comply with federal law, safeguard workplace stability, and support those who serve in the armed forces. At Bourassa Law Group, we’re dedicated to protecting your future by keeping you informed of your rights and empowering you in legal battles.
If you have more questions about your rights under USERRA or FMLA, contact us for expert guidance tailored to your situation.
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