The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave to take care of their own serious health conditions or those of their immediate family members. It also allows leave for childbirth, adoption or foster care placement.
Some people may not realize that the same act also allows for a person to take up to 26 weeks of unpaid leave in a 12-month period to care for a covered service member. This can include the person’s spouse, parent, child or next of kin. This protection covers active duty, as well as members of the National Guard and the Reserves. It also covers veterans if they were discharged within five years of the start of the leave.
Documentation is required
Employees who need to take military caregiver leave often must provide written documentation of the situation. This can include documentation from the Department of Veterans Affairs or the Department of Defense. There are specific limitations to what type of information can be requested, so it’s important that employees and employers know what’s acceptable.
A person who’s on an FMLA leave has specific job protections until their return. When they return to their job, they must be placed in the same position as when they left. If that’s not possible, they must be placed in a comparable position. Additionally, the employee should also receive specific benefits in the same manner as what they’d receive if they were still actively working for the company.