FMLA leave when a military spouse returns from active duty

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in FMLA Guidelines,Human Resources

Q. An employee reported that her husband, who is a soldier, is returning (safe and sound) from active duty. She wants to take off a month to be with him after being apart for so long. Is this FMLA leave?

A. Probably not. New FMLA amendments create leave for family members of armed forces personnel with serious illnesses or injuries, but that sounds as though it would not apply. A second type of new leave, for issues arising from being called up to active duty, is not yet effective.

Nothing prohibits you from providing this leave, but if you do, you should not count it as FMLA leave, and it should not reduce her FMLA leave entitlement.

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