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FMLA: Military Family Leave

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in FMLA Guidelines,Human Resources

The National Defense Authorization Act of 2008 (NDAA) granted new leave rights to family members of men and women who serve in the military. Because the NDAA amended the FMLA, the changes apply only to employers with 50 or more employees. 

The law creates a new qualifying reason for leave. Eligible employees may take up to 12 weeks of unpaid leave over a single 12-month period for “any qualifying exigency” arising from the active military service or call to service of a spouse, child or parent. The provision is intended to help employees meet family needs that arise as service members prepare for or return from deployment.

“Qualifying exigencies” include:

  • Short-notice deployment
  • Military events and related activities
  • Child care and school activities
  • Financial and legal arrangements
  • Counseling
  • Rest and recuperation
  • Post-deployment activities
  • Additional activities for which the employer and employee agree to the leave.

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