New FMLA Requirements for Military

Rockie · February 2008

How are you guys going about implementing the new guidelines for FMLA for soldier's relatives?

stilldazed · February 2008

We haven't seen any requests yet, and our records over the last couple of years or so don't include any requests for FMLA leave to attend to military family (to my knowledge). However, I will include a blurb in our training materials, policy, and handbooks about the change and continue to solicit enough info to help us discern if the loved one is in the military.

We are a large employer for our location (rural) but small enough that everyone generally knows everyone. We do have a military reserve unit homebased nearby but have been largely unaffected by employees being called to active duty. I expect little change in our exposure with the FMLA change because we haven't been seeing requests so far to attend to family members who are in the military.

best wishes

Francis · October 2008

My question right now is how to word the new Military part for FMLA. Put the reasons for leave with the regular leave possibilities or to put a separate paragraph about the military leave? The military part includes "next of kin" and more possible weeks. It also includes "qualifying exigency" which needs to be explained. Any good definitions for this?

teaguer360 · October 2008

We just got through doing our annual handbook update and opted to leave out any changes to the FMLA policy until we have a better definition to what "qualifying exigency" means so that we do not have to update again any time soon. We did post the update at all locations next to our FMLA poster, but aside from that will wait until next year to update the policy regarding the specifics of military FML.

2445428 · October 2008

I added the military FMLA to the existing FMLA policy in our employee handbook. It reads, "An eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave during a single 12-month period using the "rolling back" method outlined above." If and when the time comes and an EE asked for this military leave under FMLA, then you would have to determine, (a) are they eligible, meaning have they worked for at least one year up to 1250 hours (b) are they the spouse, son, daughter, parent, or next of kin of a covered service member (c) is the military person a covered service member. Look in FMLA policy to find out definition of covered service member.

Hope this helps.

New FMLA Requirements for Military

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