Handling FMLA for Military

FMLA coverage for childbirth, adoption, and foster placement as well as coverage for serious health conditions is fairly straightforward. However, employers forget the wide range of coverage for FMLA leave related to an employee’s spouse, child, or parent being on covered active duty or called to covered active duty status.

Below is a list of qualifying reasons for FMLA when an employee is covered under active duty.

Short-Notice Deployment

Covers leave during the seven days prior to deployment to address any issue that arise concerning the deployment when the employee’s spouse, child, or parent is notified of an impending call or order to active duty seven or fewer days before deployment.

Military Events

Covers leave to attend any official ceremony, programs, or events and informational briefings related to the covered active duty or call to covered active duty of the military member. This also covers family support or assistance programs sponsored by the military, military service organizations, or the American Red Cross that are related to the member’s deployment.

School and Child care

Covers child care, to enroll in or transfer schools or day care for the child, and to attend meetings with school or daycare.

Parental Care

Covers leave for the care of a parent of a military member who is incapable of self-care, including arranging alternative care for the parent, providing care on an urgent, immediate-need basis, admitting or transferring the parent to care facility, and attending meetings with the staff of the care facility for hospice or social services.

Financial and Legal Arrangements

Covers leave for financial or legal arrangements to address the military member’s absence and to act as the military member’s representative for the purpose of obtaining, arranging, or appealing military service benefits. This includes preparing and executing financial and healthcare powers of attorney, enrolling in the Defense Enrollment Eligibility Reporting System (DEERS), or obtaining military identification cards.


Covers leave to attend counseling related to a military member’s active duty or call to duty. This includes employees and the child of the military member.

Rest and Recovery

Covers time to spend with a military member who is on short-term temporary leave during deployment. This has to be taken by the employee while the military member is on rest and recovery leave. An employee can take up to 15 calendar days for this reason.

Post Deployment Activities

Covers leave to attend arrival ceremonies, reintegration briefings, and other official ceremonies during the 90 days following post-deployment, as well as any issues arising from the death of the military member including attending the funeral.


Let Sheakley PEO Help

Our PEO team can help your company with your employee requests for leave due to his/her spouse, child or parent being on or called to covered active duty status. Sheakley can help your business on the many reasons that may be used that are not assumed as the traditional causes for FMLA leave. Learn more about Sheakley’s PEO services here.

By | 2017-09-07T11:42:26+00:00 September 6th, 2017|Industry Insights, Policy and Regulation|0 Comments