Here is a legal update for the NDAA.  Remember to the only way that your employees are qualified for this type of leave is if they are qualified for FMLA for military ”qualifying exigencies”. 

  • All employers covered by the FMLA
  • 50 or more employees within a 75 mile radius
  • All employees eligible for FMLA
  • 12-months of employment
  • 1,250 hours worked in the 12-month proceeding the requested leave

What are the “qualifying exigencies”:

  • Short-notice military deployment
  • Military events related activities
  • Childcare and school activities
  • Financial and legal arrangements
  • Counseling
  • Rest and recuperation
  • Post-deployment activities
  • Additional activities agreed to by the employee and employer

Who are qualifying family members for “exigency” leave?

  • Spouse = as defined under FMLA
  • Parent = as defined under FMLA
  • Son/Daughter = as defined under FMLA, but, that person will not have to be a minor (under the age of 18)

Certification for Exigency Leave:

  • An employer may require an employee to produce the service member’s active duty orders the first time requests leave, but not for every subsequent request for leave associated with the particular activation.
  • The approximate date on which the qualifying exigency commenced or will commence.
  • If leave is requested for a single continuous period of time, the beginning  and end dates for such absence.
  • If leave is requested on an intermittent basis, an estimate of the frequency and duration of the exigency.
  • If the exigency involves a meeting with a third party, a brief description of the purpose for the meting and the contact information of the third party.
  • If the exigency for which leave is requested involves a meeting or appointment with a third party, the employer may contact the third party without the employee’s permission to verify the schedule for the meeting or appointment and the nature of the same.
  • The employer may also contact the appropriate unit of the Department of Defense to verify the active duty status of the employee’s military family member.

Military Injury Care-Giving Leave:

  • An eligible employee whose spouse, parent, son, daughter, or “next of kin” is injured or recovering from an injury incurred while on active military duty is entitled to up to 26 work weeks of leave in a single 12-month period to care for that family member.

If you have any questions regarding NDAA or FMLA feel free to give me a call.  Go to: Contact Me to find my information and hours.