Can I take FMLA leave for an employee's military deployment?
Yes, employers in California must allow employees to take FMLA leave for a military deployment. This leave is protected by the California Family Rights Act and allows eligible employees to take up to 12 weeks of unpaid, job-protected leave with the promise that their job or the same position will be available upon return. Employees can take FMLA leave for many reasons, but taking leave to allow for military deployment is protected by federal law. This means that employers must allow for up to 12 weeks of FMLA leave for employees who are currently serving in the military or are called up for active duty or go on deployment. It also applies to those who are active in the National Guard or Reserves. The Family Medical Leave Act also covers family members of those deploying. This allows the employee to take up to 12 weeks of leave to take care of matters that arise while the family member is deployed. This leave is also unpaid, but the employee must be allowed to return to work after the 12 weeks have been completed. In addition, employees in California can also take an additional 24 weeks of leave for the care of an injured servicemember if the family member is the employee’s parent, spouse, child, or domestic partner. This leave is also unpaid, but their job must be protected throughout the duration of their leave.
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