FMLA Military Leave

Qualifying Exigency Leave

Eligible employees with a spouse, son, daughter, or parent on covered active duty or call to active duty status in the National Guard and Reserves and the Regular Armed Forces in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Covered active duty requires deployment to a foreign country. Qualifying exigency leave may be taken for the following reasons:

• short notice deployment
• military events and related activities
• childcare and school activities
• financial and legal arrangements
• counseling
• rest and recuperation
• post-deployment activities
• additional activities

Eligible employees may take leave to care for a military member’s parent who is incapable of self-care when the care is necessitated by the member’s covered active duty. Such care may include:

• arranging for alternative care
• providing care on an immediate need basis
• admitting or transferring the parent to a care facility
• attending meetings with staff at a care facility

An employee that believes they may qualify for this leave must complete the Certification of Qualifying Exigency for Military Family Leave .

Serious Injury or Illness for a Current Servicemember

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a current servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty or injury or illness that existed before the beginning of the member’s active duty and were aggravated by service in the line of duty on active duty in the Armed Forces. that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

An employee that believes they may qualify for this leave must complete the Certification for Serious Injury of Illness of Current Servicemember.

Serious Injury or Illness for a Covered Veteran

A serious injury or illness for a covered veteran means an injury or illness that was incurred or aggravated by the member in the line of duty on active duty in the Armed Forces and manifested itself before or after the member became a veteran, and is:

• A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank, or rating; OR
• A physical or mental condition for which the covered veteran has received a VA Service-Related Disability Rating (VASRD) of 50 percent or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; OR
• A physical or mental condition that substantially impairs the veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment; OR
• An injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

An employee that believes they may qualify for this leave must complete the Certification for Serious Injury or Illness of a Veteran.

Military FAQ

Visit the Military FAQ section for more information.