Does the FMLA cover military caregiver leave?
Yes, the Family and Medical Leave Act (FMLA) covers military caregiver leave for eligible employees in Wisconsin. Under the FMLA, eligible employees can take up to 26 weeks of unpaid leave during a single 12-month period to care for a covered service member who sustained a serious injury or illness while on active duty. To be eligible for military caregiver leave, the employee must be the spouse, child, parent, or next of kin of the covered service member. In addition, the FMLA provides eligible employees with up to 12 weeks of job-protected leave for qualifying exigencies arising out of the fact that the covered service member is on active duty or has been notified of an impending call or order to active duty. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing financial and legal matters, and attending certain counseling sessions. The FMLA also provides up to 12 weeks of unpaid leave for an eligible employee who works for a covered employer to care for a covered service member with a serious injury or illness if the service member is the employee’s spouse, parent, or child. Employees in Wisconsin who are eligible for military caregiver leave under the FMLA must comply with certain notice and certification requirements set forth by the U.S. Department of Labor. As always, employers should consult with a knowledgeable attorney to ensure compliance with the FMLA and its requirements.
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