FMLA Military Family Leave Provisions under FMLA 1 — Questions and Answers
Question 1: Under FMLA military caregiver leave, how many weeks of leave may an eligible employee take in a single 12-month period?
- 12 weeks
- 16 weeks
- 20 weeks
- 26 weeks (Correct answer)
Correct answer: 26 weeks
FMLA military caregiver leave provides an expanded entitlement of up to 26 workweeks in a single 12-month period to care for a covered servicemember with a serious injury or illness.
29 CFR 825.127 establishes military caregiver leave as an expanded FMLA entitlement of up to 26 workweeks in a single 12-month period. This period begins when the first day of military caregiver leave is taken and is not renewed annually. It is a one-time 26-week pool for each covered servicemember per injury or illness.
Question 2: Who qualifies as a covered servicemember for FMLA military caregiver leave?
- Any veteran who ever served in the U.S. military
- A current member of the Armed Forces or National Guard undergoing treatment for a serious injury or illness, or a veteran within 5 years of discharge with a covered condition (Correct answer)
- Only active-duty military members, not National Guard or Reserves
- Any government employee injured in the line of duty
Correct answer: A current member of the Armed Forces or National Guard undergoing treatment for a serious injury or illness, or a veteran within 5 years of discharge with a covered condition
Covered servicemembers include current Armed Forces members (including National Guard and Reserves) receiving treatment for a serious injury or illness, and veterans within 5 years of discharge with such a condition.
29 CFR 825.127(b) defines covered servicemember as: (1) a current member of the Armed Forces, National Guard, or Reserves, who is undergoing medical treatment or recuperation for a serious injury or illness; or (2) a veteran of the Armed Forces who was discharged within the 5-year period before the employee takes FMLA leave and who has a qualifying serious injury or illness.
Question 3: What types of qualifying exigencies entitle an employee to FMLA leave when a covered military member is on active duty?
- Any reason related to military service
- Short-notice deployment, military events, childcare arrangements, financial and legal arrangements, counseling, and rest and recuperation (Correct answer)
- Only leave related to the servicemember's injury
- Only unplanned events with fewer than 24 hours notice
Correct answer: Short-notice deployment, military events, childcare arrangements, financial and legal arrangements, counseling, and rest and recuperation
Qualifying exigencies include a defined list: short-notice deployment, military ceremonies and events, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and additional activities agreed to by the employer.
29 CFR 825.126(b) lists qualifying exigencies: (1) short-notice deployment; (2) military events; (3) childcare and school activities; (4) financial and legal arrangements; (5) counseling; (6) rest and recuperation up to 15 calendar days; (7) post-deployment activities; and (8) additional activities agreed to by the employer and employee.
Question 4: How many calendar days of qualifying exigency leave may an employee take for rest and recuperation during a covered military member's leave from deployment?
- 5 calendar days
- 7 calendar days
- 15 calendar days (Correct answer)
- 30 calendar days
Correct answer: 15 calendar days
FMLA allows up to 15 calendar days of qualifying exigency leave per instance of rest and recuperation for a covered servicemember's authorized leave from deployment.
29 CFR 825.126(b)(6) provides that qualifying exigency leave for rest and recuperation is limited to 15 calendar days per instance of the military member's authorized leave. The employee must be with the servicemember during their authorized leave from deployment.
Question 5: Which family members are covered under the FMLA qualifying exigency provision (not caregiver leave)?
- Spouse, parent, and child only
- Spouse, child, parent, and next of kin
- Spouse, child, parent, and the employee's nearest blood relative
- Spouse, son or daughter, or parent who is a covered military member (Correct answer)
Correct answer: Spouse, son or daughter, or parent who is a covered military member
For qualifying exigency leave, covered family members are the employee's spouse, son or daughter, and parent who is the military member in covered active duty service.
29 CFR 825.126 provides that qualifying exigency leave covers a covered military member who is the employee's spouse, son or daughter, or parent. Military caregiver leave uses a broader next of kin standard. The two provisions have different family member definitions.
Question 6: An employee wants to take FMLA qualifying exigency leave to attend a military ceremony for their deployed spouse. What documentation may the employer require?
- No documentation may be requested
- A copy of the active duty orders and documentation of the specific event (date, name of official, location) (Correct answer)
- Only the employee's written attestation
- Military ID for the servicemember only
Correct answer: A copy of the active duty orders and documentation of the specific event (date, name of official, location)
For qualifying exigency leave involving official military ceremonies, employers may require a copy of the active duty orders and documentation of the event including the date, name of the official, and location.
29 CFR 825.309 sets out documentation requirements for qualifying exigency leave. Employers may require: (1) a copy of the covered military member's active duty orders; and (2) documentation describing the exigency. For military events and ceremonies, the employer may request documentation from the relevant official confirming the date, time, and location.
FMLA Military Family Leave Provisions under FMLA 1
Under FMLA military caregiver leave, how many weeks of leave may an eligible employee take in a single 12-month period?