FMLA for Military Family Leave

FMLA leave can be taken under the federal Family and Medical Leave Act for:

  • a qualifying exigency leave related to a family member who is on covered active duty, has been called to covered active duty status, or has been notified of an impending call or order to covered active duty.
  • the care of a covered servicemember or veteran with a serious injury or illness incurred in the line of active duty

Employees may request Military Family Leave for a current servicemember or covered veteran who is the employee’s:

  • Spouse - as defined in the statute, means a husband or wife. For purposes of this definition, husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under state law for purposes of marriage in the State in which the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been entered into in at least one State. This definition includes an individual in a same-sex or common law marriage that either:
    1. Was entered into in a State that recognizes such marriages; or
    2. If entered into outside of any State, is valid in the place where entered into and could have been entered into in at least one State.
  • Son or daughter – defined as the servicemember's  biological, adopted, or foster child, stepchild, legal ward, or a child for whom the servicemember stood in loco parentis, and who is of any age.
  • Parent– defined as a servicemember's biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the servicemember. This term does not include parents in law.
  • Next of kin– defined as the nearest blood relative other than the servicemember's spouse, parent, son, or daughter.

The Employee's Guide to Military Family Leave under the Family and Medical Leave Act (PDF) provides you a simple overview of how the FMLA may benefit military families.

Coordination with Paid Time Off

During your leave, you may elect to use applicable accrued annual, sick or other paid time off to the extent permitted under HR policy, or take the leave unpaid. Any annual, sick or other paid time off you elect to use while on approved FMLA will run concurrent with the FMLA entitlement.