Request FMLA Military and Military Family Leave In 5 Minutes

Parental Leave Requests & Benefits Request FMLA Military and Military Family Leave In 5 Minutes

Request FMLA Military and Military Family Leave In 5 Minutes

If an immediate military member qualifies to join the military, the results are mixed reactions of joy and loneliness. There may be a shift to sadness if they face an emergency that calls for close monitoring and care. If your kin is enrolled with the military, take time to learn about FMLA military leave and confirm your eligibility. 

The military family leave provisions of the Family and Medical Leave Act (FMLA) entitle eligible employees of covered employers to take FMLA military leave for any qualifying exigency. There are two types of FMLA military leaves: the qualifying exigency leave and military caregiver leave.

However, determining your paid leave eligibility is a backbreaking task requiring many follow-ups. Fortunately, thanks to DoNotPay, a convenient, automated, and less frustrating way, you can confirm your eligibility and even apply for FMLA military leave. 

Who Is Eligible for FMLA Military Leave?

As pointed out earlier, there are two types of FMLA military leaves: the qualifying exigency leave and military caregiver leave. The eligibility requirements for both are different.

Who Qualifies for Military Caregiver Leave?

A covered employer must grant an eligible employee up to a total of 26 workweeks of unpaid, job-protected leave during a single 12-month period to care for a covered servicemember with a severe injury or illness. The employee must be the spouse, son, daughter, parent, or next of kin of the covered servicemember.

A covered servicemember is either of the following:

  1. A current member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recovery, or therapy, is in outpatient status or is on the temporary disability retired list for a severe injury or illness.
  2. A veteran of the Armed Forces (including the National Guard or Reserves) is discharged within the five years before the family member first takes military caregiver leave to care for the veteran and is undergoing medical treatment, healing, or therapy for a qualifying serious injury or illness. A dishonorably discharged veteran does not meet the FMLA definition of a covered servicemember.

A severe injury or illness may render a current service member medically unfit to perform military duties.

For a veteran, a severe injury or illness is one that rendered the veteran medically unfit to perform their military duties, or an injury or illness that qualifies the veteran for certain benefits from the Department of Veterans Affairs or substantially impairs the veteran's ability to work.

For veterans, it includes injuries or illnesses incurred or aggravated during military service, but that did not manifest until after the veteran left active duty.

Who Is Eligible for Exigency Leave?

A covered employer must grant an eligible employee up to 12 workweeks of unpaid, job-protected leave.

Covered active duty means;

  1. Duty during deployment of an Armed Forces member to a foreign country for active members
  2. For members of the Reserve components of the Armed Forces (members of the National Guard and Reserves), duty during deployment of the member of the Armed Forces to a foreign country under a call or order to active duty in support of a contingency operation.

Deployment to a foreign country includes deployment to international waters. Qualifying exigencies for which an employee may take FMLA leave include:

  • Making alternative child care arrangements for a child of the deployed military member.
  • Attending certain military ceremonies and briefings,
  • Making financial or legal arrangements to address the military member's absence.

How to Apply for FMLA Military Leave

Please note that you must be familiar with your employer's leave policy. Throughout the FMLA leave process, there are several instances where you will need to comply with both the FMLA regulations and your employer's leave policy. 

  1. You must notify your employer when you know you need to leave.
  2. Your employer must notify you whether you are eligible for FMLA leave within five business days. Your employer must provide you with your FMLA rights & responsibilities, as well as any request for certification.
  3. You must provide sufficient information to your employer to certify your need for leave within 15 calendar days.
  4. Your employer must notify you whether your leave has been designated as FMLA within five business days.

FMLA by State

Check out DoNotPay’s state guides about FMLA:

CaliforniaOhioOklahomaHawaiiSouth Dakota
CaliforniaNew YorkLouisianaNew JerseyNew Mexico
VermontMontanaDelawareAlaskaWyoming
TexasMassachusettsRhode IslandFloridaAlabama
PennsylvaniaIllinoisKentuckyOhioArkansas
MichiganTennesseeNew HampshireWisconsinMississippi
GeorgiaOregonMaineArizonaSouth Carolina
North CarolinaColoradoHawaiiIndiana
NevadaVirginiaIdahoMissouri
MarylandMinnesotaNebraskaUtah

How to Request FMLA Military Leave the Easy Way

If you want to request parental leave but don't know where to start, DoNotPay has you covered in 6 easy steps:

  1. Tell us which state you work in (if you work in CA, NY, NJ, MA, WA, or DC, your state has a paid family leave program). 
  2. Choose whether you want us to apply to the program for you or contact your employer with your leave request. If you want to apply for the program, we will walk you through the questions on the form and mail the application form for you. 
  3. If you want us to contact your employer, enter your leave details, including the starting date, number of weeks of leave, and how many weeks of paid leave you are requesting (for example, you may take a 12 week leave, but only request eight weeks of paid leave to make the request reasonable). 
  4. Indicate whether you are the birth parent or not (birth parents have a few additional legal protections). 
  5. Enter the name of your company and the person to address this request to. 
  6. Select whether you want us to email the request to your employer on your behalf. 

You know that family time is a treasure, especially if your kin is enrolled in the military. Noting that the appeal of DoNotPay's product comes from the fact that:

What Else Can We Do?

Other than using DoNotPay to request military leave, you can also use it to solve many other problems. For instance, you can use DoNotPay to:

If your kin, whether currently serving or veteran, needs your help, then nothing should deter you from taking that FMLA military leave provided you qualify. DoNotPay handles every step to guarantee you success.

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