Military Family Leave Provisions of the Fmla (Family and Medical Leave Act) Frequently Asked Questions and Answers

Military Frequently Asked Questions and Answers is a 11-page legal document that was released by the U.S. Department of Labor and used nation-wide.

FAQ

Q: What is the FMLA?
A: The FMLA stands for Family and Medical Leave Act.

Q: What are military family leave provisions?
A: Military family leave provisions are specific provisions under the FMLA that provide job-protected leave for eligible employees with family members in the military.

Q: Who is eligible for military family leave?
A: Employees who have a spouse, child, or parent who is a member of the National Guard or Reserves and is called to active duty, or who has been notified of an impending call or order to active duty, are eligible for military family leave.

Q: What reasons can military family leave be taken for?
A: Military family leave can be taken for a variety of reasons, including but not limited to: attending military events, arranging for alternative childcare, addressing legal and financial matters, and spending time with a military member during rest and recuperation.

Q: How much military family leave can be taken?
A: Eligible employees are entitled to up to 12 weeks of job-protected leave in a 12-month period for qualifying military family leave purposes.

Q: Do I need to provide notice when taking military family leave?
A: Yes, employees must provide their employer with advance notice of their need for military family leave, unless providing such notice is not feasible.

Q: Can my employer require documentation for military family leave?
A: Yes, employers can require reasonable documentation to support a request for military family leave.

Q: Can my employer deny my request for military family leave?
A: Employers may deny a request for military family leave if the employee is not eligible, if the requested leave does not qualify as military family leave, or if the employee has already exhausted their available military family leave.

Q: Will I still have health insurance coverage while on military family leave?
A: Yes, during military family leave, employers are required to maintain the employee's health insurance coverage on the same terms as if the employee were actively working.

Q: What should I do if I believe my rights under the FMLA have been violated?
A: If you believe your rights under the FMLA have been violated, you should contact the nearest office of the Wage and Hour Division, which is a part of the U.S. Department of Labor.