Are Childcare, Vacation, and Lawyer Visits Covered by the FMLA? The Answer May Surprise You
Getting state and federal military leave law right is hard enough for most employers. The task just got harder.
Under the new FMLA regulations, the Department of Labor has spelled out what is covered under the FMLA as military exigency leave — itself an entirely new category of FMLA leave available to employees as a result of last year’s National Defense Authorization Act.
Military exigency leave allows employees with a spouse, son or daughter, or parent who is in the National Guard or Reserves and who is on active duty or has been called to active duty to address a range of issues that can arise in such circumstances.
What’s on the list? Leave related to childcare (on an urgent, immediate need basis rather than a routine, every day basis) that is needed because, for example, one’s daughter has been called up and there is nobody to watch the grandchildren. Leave for school activities, including parent-teacher conferences, because the covered family member who has been called up is no longer available.
Military exigency leave also covers time away from work to attend to financial or legal arrangements, such as drawing up a will; time for counseling sessions related to the call-up or to active duty service; and time to attend send-off or welcome home ceremonies.
Employees are also automatically entitled to military exigency leave when a covered family member is called up less than 7 days before deployment. And employees are entitled to 5 days of leave whenever a covered family member is given a short-term rest and recuperation leave from active duty service.
Not only can military exigency leave be taken intermittently, but unlike many other intermittent FMLA leaves, an employee has no obligation to try and schedule time away from work in a manner that does not unduly disrupt the employer’s business.
With President Obama calling up more troops for service in Afghanistan and indicating that troops won’t be coming home from Iraq as soon as originally projected, this new form of FMLA leave is going to get a workout in the next few years.
Employers can make sure they’re doing their duty by educating themselves and training their managers and supervisors as to the circumstances under which such leave can be taken. Employers should also develop an FMLA certification form geared specifically toward this particular kind of leave.
No employer begrudges its employees time with loved ones who, in many cases, are placing their lives on the line for their country. But every employer owes all of its employees a commitment to fairness, which in turn means ensuring that all employee leaves are used properly and for their intended purposes.
