Can I take FMLA leave during my spouse's active duty tour?

Yes, you can take FMLA leave during your spouse’s active duty tour in California. According to the Family and Medical Leave Act (FMLA), if your spouse is on active military duty or was called to active duty status, then you may be eligible to take up to 26 workweeks of leave during a single 12-month period to care for your spouse or a covered veteran. This leave is referred to as “Military Caregiver Leave.” This leave does not need to be taken all at once, but rather can be taken in increments of no more than 12 weeks in a 12-month period. You are eligible for this leave if: (1) your spouse is a current member of the Armed Forces, including a member of the National Guard or Reserves; (2) your spouse was injured or is on active duty or call to active duty status in the Armed Forces; or (3) your spouse was a veteran who was discharged or released from active duty or call to active duty status in the Armed Forces within the past 5 years. To take Military Caregiver Leave, you must provide your employer with advance notice of your request and a certification from a health care provider. Additionally, you must meet certain eligibility requirements, such as working for an employer that has 50 or more employees and having worked for at least 1,250 hours in the 12 months preceding the leave. If you qualify for Military Caregiver Leave, you must use any paid time off you have before taking this leave. You are also entitled to a total of 10 days of job-protected unpaid leave each year to participate in emergency duty or other military activities of your spouse. By understanding your rights under the FMLA, you can ensure that your family is taken care of during your spouse’s active duty tour.

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Can I take FMLA leave during my spouse's active duty tour?

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