How to Apply for Military Family Leave
Identify a qualifying reason., Provide as much notice as possible., Meet your employer's certification requirements., Find out your employer's decision., Consider filing a complaint with the U.S. Department of Labor (DOL).
Step-by-Step Guide
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Step 1: Identify a qualifying reason.
You can request FMLA leave for up to 12 weeks if your spouse, parent, or child will be deployed on active duty to a foreign country.
Your leave request must be for at least one of the seven allowed reasons, and the total leave for which you're eligible may depend on the reason.You may take up to 12 weeks of leave for military events and related activities including post-deployment activities, child care and school activities, counseling, or financial and legal arrangements.
If your spouse, parent, or child is called to duty with notice of seven days or less, you may take up to seven calendar days of leave to handle any issues related to that short-notice deployment.
If your spouse, parent, or child is on short-term, temporary leave from active duty for rest and recuperation, you may take up to five days of FMLA leave to be with him or her. -
Step 2: Provide as much notice as possible.
General FMLA guidelines allow employers to require you to give at least 30 days' notice if you plan to take time off using FMLA leave.
However, in some circumstances you may not know about your need to take leave this far in advance, especially if your family member is deployed on short notice.Keep in mind that the regular FMLA rules apply to your request for military family leave.
You don't have to request all of your leave be taken at the same time.
You can ask for intermittent leave within the same leave request, or request a reduced schedule rather than time completely off work.
The amount of leave to which you are entitled is a maximum during a single 12-month period.The 12 weeks you're allowed to request for military family leave is not in addition to regular FMLA leave.
For example, if you have already used six weeks of FMLA leave for your own serious health condition, you only have six weeks of leave available for qualifying exigency leave. , If you are requesting leave for a qualifying exigency, your employer may require documentation of your relationship to the service member and details regarding his or her deployment.After you've notified your employer of your request for leave under the FMLA, you have 15 calendar days to supply any information required by your employer to certify your request.
If you don't provide sufficient information within 15 days, your employer may lawfully deny your request.
Your employer may request a copy of the military member's active duty orders or other military documentation indicating the military member's deployment.
You also may be required to provide additional documentation of the particular reason you're requesting leave, such as copies of bills for legal or financial arrangements, announcements of meetings or events, or appointment confirmation letters.
If you are meeting a third party, your employer may ask for contact information to confirm the reasons for the leave you've requested. , Within five days of your request, or after you've provided the required information to certify your request, your employer must inform you of whether you are eligible to take leave under FMLA, and whether your request for leave has been approved.If your employer determines you aren't eligible for FMLA leave, the notice must specify the reasons you are ineligible.
If your request is approved, the notice will include the dates for which your leave has been approved.
FMLA leave is unpaid, but portions of your leave may include paid leave if your employer offers paid leave and requires you to exhaust any paid leave you've accrued before FMLA kicks in.
Keep in mind that while you're on leave you're still responsible for covering your health insurance premiums, if you have health insurance through your employer that is deducted from your paycheck.
Your leave notice will include instructions on how to calculate the amount you owe and how and when to pay your monthly premiums. , If you believe your employer has wrongfully denied your right to FMLA leave, you can file an administrative complaint with the Wages and Hours Division of the DOL.You can call the Wages and Hours Division at 1-866-487-9243 between 8:00 a.m. and 8:00 p.m.
Eastern time, Monday through Friday.
The representative can answer any questions you have regarding FMLA.
If you want to file a complaint, you can do so over the phone or in person at your nearest DOL office.
You must have information ready about yourself, your employer, your FMLA request, and the stated reasons for denial of your request. -
Step 3: Meet your employer's certification requirements.
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Step 4: Find out your employer's decision.
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Step 5: Consider filing a complaint with the U.S. Department of Labor (DOL).
Detailed Guide
You can request FMLA leave for up to 12 weeks if your spouse, parent, or child will be deployed on active duty to a foreign country.
Your leave request must be for at least one of the seven allowed reasons, and the total leave for which you're eligible may depend on the reason.You may take up to 12 weeks of leave for military events and related activities including post-deployment activities, child care and school activities, counseling, or financial and legal arrangements.
If your spouse, parent, or child is called to duty with notice of seven days or less, you may take up to seven calendar days of leave to handle any issues related to that short-notice deployment.
If your spouse, parent, or child is on short-term, temporary leave from active duty for rest and recuperation, you may take up to five days of FMLA leave to be with him or her.
General FMLA guidelines allow employers to require you to give at least 30 days' notice if you plan to take time off using FMLA leave.
However, in some circumstances you may not know about your need to take leave this far in advance, especially if your family member is deployed on short notice.Keep in mind that the regular FMLA rules apply to your request for military family leave.
You don't have to request all of your leave be taken at the same time.
You can ask for intermittent leave within the same leave request, or request a reduced schedule rather than time completely off work.
The amount of leave to which you are entitled is a maximum during a single 12-month period.The 12 weeks you're allowed to request for military family leave is not in addition to regular FMLA leave.
For example, if you have already used six weeks of FMLA leave for your own serious health condition, you only have six weeks of leave available for qualifying exigency leave. , If you are requesting leave for a qualifying exigency, your employer may require documentation of your relationship to the service member and details regarding his or her deployment.After you've notified your employer of your request for leave under the FMLA, you have 15 calendar days to supply any information required by your employer to certify your request.
If you don't provide sufficient information within 15 days, your employer may lawfully deny your request.
Your employer may request a copy of the military member's active duty orders or other military documentation indicating the military member's deployment.
You also may be required to provide additional documentation of the particular reason you're requesting leave, such as copies of bills for legal or financial arrangements, announcements of meetings or events, or appointment confirmation letters.
If you are meeting a third party, your employer may ask for contact information to confirm the reasons for the leave you've requested. , Within five days of your request, or after you've provided the required information to certify your request, your employer must inform you of whether you are eligible to take leave under FMLA, and whether your request for leave has been approved.If your employer determines you aren't eligible for FMLA leave, the notice must specify the reasons you are ineligible.
If your request is approved, the notice will include the dates for which your leave has been approved.
FMLA leave is unpaid, but portions of your leave may include paid leave if your employer offers paid leave and requires you to exhaust any paid leave you've accrued before FMLA kicks in.
Keep in mind that while you're on leave you're still responsible for covering your health insurance premiums, if you have health insurance through your employer that is deducted from your paycheck.
Your leave notice will include instructions on how to calculate the amount you owe and how and when to pay your monthly premiums. , If you believe your employer has wrongfully denied your right to FMLA leave, you can file an administrative complaint with the Wages and Hours Division of the DOL.You can call the Wages and Hours Division at 1-866-487-9243 between 8:00 a.m. and 8:00 p.m.
Eastern time, Monday through Friday.
The representative can answer any questions you have regarding FMLA.
If you want to file a complaint, you can do so over the phone or in person at your nearest DOL office.
You must have information ready about yourself, your employer, your FMLA request, and the stated reasons for denial of your request.
About the Author
Jacqueline Lane
Specializes in breaking down complex DIY projects topics into simple steps.
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