Military Family Leave under the Family and Medical Leave Act (FMLA) helps eligible military families take protected, unpaid leave for deployment-related responsibilities, caregiving, and service-connected injuries or illnesses. Qualifying Exigency Leave supports needs arising from deployment, while Military Caregiver Leave provides extended time to care for an injured servicemember or veteran. These protections help families navigate military life while maintaining job security and benefits.
Military service can bring unique challenges for families, especially when deployments, injuries, illnesses, or caregiving responsibilities arise. The Family and Medical Leave Act (FMLA) includes special provisions designed to help military families balance these responsibilities while protecting their employment.
What Is Military Family Leave?
The Family and Medical Leave Act (FMLA) provides eligible employees with unpaid, job-protected leave for certain family and medical situations. During approved leave, employees can generally maintain their health benefits and return to their position, or an equivalent position, when leave ends.
Eligible employees may take up to 12 weeks of unpaid leave during a 12-month period for:
The birth of a child and care for the newborn
Adoption or foster placement of a child
Caring for a spouse, child, or parent with a serious health condition
Their own serious health condition that prevents them from performing their job
Military Family Leave provisions expand these protections for military families through two specific types of leave: Qualifying Exigency Leave and Military Caregiver Leave.
Eligibility Requirements
To qualify for FMLA leave, employees generally must:
Have worked for their employer for at least 12 months
Have completed at least 1,250 hours of service during the previous 12 months
Work at a location where the employer has at least 50 employees within a 75-mile radius
Public agencies and schools are generally covered regardless of employee count.
Qualifying Exigency Leave
Qualifying Exigency Leave allows eligible family members to take up to 12 weeks of unpaid leave to address certain needs that arise when a servicemember is deployed to a foreign country.
Who Can Use It?
Eligible family members may include:
The servicemember must be called to active duty or deployed to a foreign country.
Reasons for Leave
Qualifying Exigency Leave may be used for:
Managing short-notice deployments
Completing legal or financial arrangements
Addressing childcare needs
Arranging care for a servicemember's parent who cannot care for themselves
Attending counseling related to deployment
Participating in military events and briefings
Spending time with a servicemember during Rest and Recuperation (R&R) leave
Attending post-deployment events, including homecoming activities and funeral services
Employers and employees may also agree on additional circumstances related to deployment that warrant leave.
Military Caregiver Leave
Military Caregiver Leave provides up to 26 weeks of unpaid leave during a 12-month period for eligible family members caring for a servicemember or veteran with a qualifying injury or illness.
Who Can Use It?
Eligible individuals may include:
Spouses
Parents
Children
Next of kin
A next of kin may be a designated blood relative or another qualifying family member when no designation exists.
Qualifying Injuries and Illnesses
A serious injury or illness generally includes conditions that occurred during military service or were aggravated by military service and require treatment, rehabilitation, or therapy.
Veterans may also qualify if the condition is connected to their military service and significantly affects daily functioning, employment, or caregiving needs.
Can It Be Used More Than Once?
Military Caregiver Leave is generally available once per servicemember, per injury or illness. Additional leave may be available if a new qualifying injury or illness occurs or if circumstances change.
Requesting Leave
Employees who anticipate needing leave should notify their employer as early as possible. Employers may request supporting documentation, such as:
Once approved, eligible leave is protected under federal law, helping employees care for loved ones without fear of losing their job or benefits.
Supporting Military Families Through Life's Challenges
Deployments, injuries, illnesses, and caregiving responsibilities can place significant demands on military families. Understanding available leave protections can help families navigate these challenges with greater confidence, ensuring they have the time and flexibility needed to care for loved ones during critical moments.
Author - Navy Mutual
