Wage and Hour Division (WHD)
Military Family Leave Provisions
The Family and Medical Leave Act was amended by the National Defense Authorization Act for FY 2008 (2008 NDAA) and the National Defense Authorization Act for FY 2010 (2010 NDAA) to provide two important leave entitlements that benefit military families.
Qualifying Exigency Leave
Eligible employees who are the spouse, son, daughter, or parent of a military member may take up to 12 weeks of FMLA leave during any 12-month period to address the most common issues that arise when a military member is deployed to a foreign country, such as attending military sponsored functions, making appropriate financial and legal arrangements, and arranging for alternative childcare. This provision applies to the families of members of both the active duty and reserve components of the Armed Forces.
Military Caregiver Leave
Eligible employees who are the spouse, son, daughter, parent or next of kin of a covered servicemember may take up to 26 weeks of FMLA leave during a single 12-month period to care for the servicemember who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred or aggravated in the line of duty on active duty. This provision applies to the families of members of both the active duty and reserve components of the Armed Forces.
Key News
On February 15, 2012, the U.S. Department of Labor announced that the Wage and Hour Division published a Notice of Proposed Rulemaking (NPRM) to implement and interpret statutory amendments to expand the military family leave provisions. All interested parties are invited to submit written comments on the proposed rule on or before April 16, 2012 at www.regulations.gov. More information is available at the Wage and Hour Division’s Proposed Rule Website.
For additional information on the FMLA, please visit www.dol.gov/whd/fmla.
Additional Resources:
- 2010 NDAA Guidance
- 2008 NDAA Guidance
- 2008 NDAA FAQs (PDF)
- Fact Sheet # 28A: The Family and Medical Leave Act Military Leave Entitlements (PDF)
- FMLA Special Rules for Returning Reservists (USERRA)
Forms:
- WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)
- WH-385 Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave (PDF)
Law
Current Regulations
