FMLA Military Family Leave Provisions under FMLA 2 — Questions and Answers
Question 1: The 26-week military caregiver leave entitlement is calculated over what type of 12-month period?
- Calendar year
- Fixed 12-month period selected by the employer
- Rolling backward from the date of leave
- A single 12-month period beginning on the first day caregiver leave is taken (Correct answer)
Correct answer: A single 12-month period beginning on the first day caregiver leave is taken
The 26-week military caregiver entitlement uses a special single 12-month period that begins on the first day the employee takes military caregiver leave, regardless of the employer's chosen leave year method.
29 CFR 825.127(e) provides that the 26-week military caregiver leave entitlement is calculated over a single 12-month period beginning on the first day the employee takes leave to care for the covered servicemember. The special 26-week period does not renew; once used for a given servicemember and injury, it is exhausted until a new covered injury or illness occurs.
Question 2: An employee has already used 10 weeks of standard FMLA leave for a personal health condition. How many weeks of military caregiver leave may the employee still take in the same 12-month period?
- 26 weeks
- 16 weeks (Correct answer)
- 12 weeks
- 0 weeks
Correct answer: 16 weeks
The combined total of FMLA leave (standard plus military caregiver) cannot exceed 26 weeks in a single 12-month period. With 10 weeks of standard FMLA used, 16 weeks of military caregiver leave remain.
29 CFR 825.127(f) states that the total FMLA leave taken in the special single 12-month period for military caregiver purposes cannot exceed 26 weeks. Any standard FMLA leave taken in the same period reduces the available military caregiver leave. Having used 10 weeks of standard FMLA, the employee can take up to 16 more weeks of military caregiver leave.
Question 3: Which of the following veteran situations qualifies for FMLA military caregiver leave?
- A veteran discharged 6 years ago with a service-connected injury
- A veteran discharged 3 years ago undergoing treatment for a condition that manifested after discharge due to military service (Correct answer)
- A veteran currently working full-time with a service-connected injury not being treated
- A veteran spouse of the employee who never served in the U.S. military
Correct answer: A veteran discharged 3 years ago undergoing treatment for a condition that manifested after discharge due to military service
Veterans discharged within the past 5 years who have a qualifying serious injury or illness, including conditions that manifested after discharge, qualify for FMLA military caregiver leave coverage.
29 CFR 825.127(b)(2) covers veterans discharged within 5 years of the FMLA leave, with a serious injury or illness that was incurred or aggravated during active duty, even if the condition manifested after discharge. A veteran discharged more than 5 years ago does not qualify under this provision.
Question 4: An employee wishes to take qualifying exigency leave for financial and legal arrangements after their spouse is deployed. What types of activities does this cover?
- Only estate planning
- Making or updating financial accounts, powers of attorney, or similar legal documents related to the deployment (Correct answer)
- Attending financial planning seminars
- Only activities required by military regulations
Correct answer: Making or updating financial accounts, powers of attorney, or similar legal documents related to the deployment
The financial and legal arrangements exigency covers activities needed to address the military member's absence, such as making or updating bank accounts, powers of attorney, wills, or similar legal documents.
29 CFR 825.126(b)(4) defines the financial and legal arrangements qualifying exigency as activities such as: making or updating financial accounts, preparing powers of attorney, making or updating wills or trusts, preparing new tax documents, and addressing other legal matters arising from the military member's active duty deployment.
Question 5: For qualifying exigency leave, which statement about documentation is correct?
- The employer may require only verbal confirmation of the military member's status
- The employer may require a copy of the military orders and documentation of the specific qualifying exigency (Correct answer)
- No documentation may ever be requested for qualifying exigency leave
- Documentation is only required if the leave exceeds 5 days
Correct answer: The employer may require a copy of the military orders and documentation of the specific qualifying exigency
Employers may request a copy of active duty orders and documentation supporting the specific qualifying exigency when the employee requests qualifying exigency leave for the first time for a given deployment.
29 CFR 825.309 permits employers to require documentation for qualifying exigency leave: (1) a copy of the active duty orders once per deployment period; and (2) documentation certifying the exigency. The employer may request these only once per qualifying exigency type per deployment.
Question 6: Can both spouses working for the same employer each take military caregiver leave to care for the same covered servicemember?
- No, military caregiver leave for the same servicemember is limited to one employee per employer
- Yes, each eligible employee is independently entitled to 26 weeks of military caregiver leave (Correct answer)
- No, the combined total for both spouses cannot exceed 26 weeks
- Yes, but they must alternate weeks
Correct answer: Yes, each eligible employee is independently entitled to 26 weeks of military caregiver leave
Unlike standard FMLA bonding leave where spouses working for the same employer share the entitlement, each employee is independently entitled to 26 weeks of military caregiver leave for the same servicemember.
29 CFR 825.127(f) provides that the limitation on combined FMLA leave for spouses working for the same employer does NOT apply to military caregiver leave. Each eligible employee including spouses working for the same employer has an independent 26-week entitlement for military caregiver leave.
FMLA Military Family Leave Provisions under FMLA 2
The 26-week military caregiver leave entitlement is calculated over what type of 12-month period?