Military Family Leave Attorney

FMLA provides two types of military family leave: (1) Qualifying Exigency Leave — up to 12 weeks for issues arising from a family member's call to active duty, including short-notice deployment, childcare arrangements, financial and legal matters, counseling, rest and recuperation, and post-deployment activities. (2) Military Caregiver Leave — up to 26 weeks per 12-month period to care for a current or former service member with a serious injury or illness.

The spouse, son, daughter, parent, or next of kin of a covered service member or veteran with a serious injury or illness incurred or aggravated in the line of active duty. "Next of kin" means the nearest blood relative. The 26-week entitlement is per service member, per injury, and is the most generous leave provision under the FMLA.

Qualifying exigencies include: short-notice deployment (7 or fewer days), military events and activities, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation (up to 15 calendar days), post-deployment activities (up to 90 days after active duty ends), and parental care. Additional activities may qualify if the employer and employee agree.

California provides additional protections under the Military and Veterans Code, including leave for military spouse deployment. New York's Military Law provides leave protections for military family members and prohibits discrimination against employees called to military service. Both states' paid family leave programs may also cover military-related family needs.