Caring for a Military Family Member? Here’s How Family Leave Works

Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to take leave to support a family member serving in the military. This support can take many forms, ranging from helping a loved one prepare for deployment to caring for a service member who’s been seriously injured or is recovering from an illness sustained during active duty. Whether you're managing paperwork, arranging childcare, or providing daily care during recovery, the FMLA may protect your right to take job-protected leave during these challenging times.

Scope of FMLA Coverage

The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid, job-protected leave for specific reasons, including those related to a family member’s military service. If your leave qualifies under the FMLA, your group health benefits must continue, and your employer is required to reinstate you to your job, or an equivalent one, when you return.

To qualify for FMLA leave, all of the following must be true:

• You work for a covered employer
• You’ve been employed there for at least 12 months
• You’ve worked at least 1,250 hours in the past 12 months
• You work at a location with 50 or more employees within 75 miles

Covered employers include private-sector businesses with 50 or more employees, public agencies (regardless of size), and public and private elementary or secondary schools.

Types of Military-Related FMLA Leave  

The FMLA provides two types of leave specifically for military families: qualifying exigency leave and military caregiver leave. Each serves a different purpose and comes with its own requirements.

Qualifying Exigency Leave

This type of leave allows eligible employees to take up to 12 weeks of unpaid leave in a 12-month period when a spouse, parent, or child is called to covered active duty.

Covered active duty includes deployment to a foreign country or international waters, whether in the Regular Armed Forces, the National Guard, or Reserves. The leave can be used while your family member is already deployed or has received official deployment orders.

Situations that may qualify for exigency leave include:

• Arranging childcare or school activities
• Attending military ceremonies or briefings
• Handling financial, legal, or housing matters related to the deployment
• Spending time with your loved one during rest and recuperation leave

Think of this type of leave as the FMLA’s way of helping you manage the disruptions and responsibilities that come with a family member’s deployment.

Military Caregiver Leave

Military caregiver leave allows eligible employees to take up to 26 workweeks of leave in a single 12-month period to care for a spouse, child, parent, or next of kin who is a covered servicemember with a serious injury or illness.

This applies to both:

• Current members of the Armed Forces, including National Guard and Reserve, who are undergoing treatment or on temporary disability leave
• Veterans who are receiving medical treatment and were discharged within the last five years

To qualify, the illness or injury must:

• Render the servicemember medically unfit for duty;
• Have occurred in the line of active duty; or
• Be a pre-existing condition that was aggravated during military service

In some cases, injuries that result in VA disability benefits or substantially limit the veteran’s ability to work can also qualify.

Who Can You Care For?

You may be eligible for military-related FMLA leave if you’re caring for the following family members:

• Spouse
• Child (biological, adopted, foster, stepchild, or a child you stand in for)
• Parent
• Next of kin (only for caregiver leave—such as siblings, grandparents, or cousins, if they’ve legally designated you)

Whether managing medical appointments, assisting with daily tasks, or helping with recovery, this leave supports you during critical times.

How the FMLA Defines “Caregiving”

Under the FMLA, caregiving isn’t limited to hands-on medical assistance. The law takes a broader view. Qualifying activities can include:

• Driving your loved one to appointments
• Managing medications or treatment schedules
• Preparing meals or helping with daily tasks
• Providing emotional support
• Handling paperwork or coordinating care services

If you’re regularly performing any of these tasks for a covered servicemember with a serious injury or illness, it likely qualifies under military caregiver leave.

How to Use FMLA Leave for Military-Related Reasons

Just like other types of FMLA leave, military-related leave may require some paperwork. Your employer might ask for:

• Certification from a health care provider or military authority
• Verification of your relationship to the servicemember
• Advance notice, especially if the need for leave is foreseeable, such as a scheduled deployment

Once approved, you don’t have to take all the time off at once. FMLA allows for:

• Continuous leave (taken all at once)
• Intermittent leave (used in smaller blocks of time)
• Reduced schedule leave (fewer hours or days per week)

This flexibility ensures you can support your loved one when it matters most—whether that’s over a few months or in short bursts as needs arise.

Where to Get More Information

The Department of Labor has a helpful resource called the Employee’s Guide to Military Family Leave. And it comes in English or Spanish. Among other topics, it covers:

• Who qualifies and how
• What counts as “covered duty”
• How to properly request and use leave
• Where to turn if your rights are denied

It’s also important to note that state laws may provide additional protections beyond the federal FMLA. When that happens, you’re entitled to whichever rule is more protective of your rights, not the one that’s easier for your employer.

You Can Take Action Against Your Employer

Your employer can’t retaliate against you for using FMLA leave. That includes demotion, firing, or making your job harder because you exercised your rights. If they do, you can file a complaint with the Wage and Hour Division or even file a lawsuit against your employer.

Not sure what option suits your unique situation? Contact Morgan & Morgan today for a free case evaluation.