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 Virginia. The Family and Medical Leave Act (FMLA) is a federal law which allows eligible employees to take up to twelve weeks of unpaid, job-protected leave for certain family and medical reasons. Under the FMLA, eligible employees may take leave for a variety of reasons, such as to care for a spouse who is on active duty, or to attend certain military-related events. In Virginia, an employee may take up to twelve weeks of unpaid leave in a single 12-month period to care for a family member who is an active-duty member of the Armed Forces. In order to be eligible for FMLA leave, an employee must have worked at least 12 months at the same employer, and must have worked at least 1,250 hours over the previous 12 months. Eligible employees can also use their FMLA leave to attend to several services connected to the active duty of their spouse, which includes attending to service-related functions such as ceremonies and duty-related events. In Virginia, the employer may require the employee to provide advance notice of the need to take FMLA leave. In addition, the employer may also require the employee to submit a certificate from the military or other appropriate documentation in order to verify the active duty status of the family member.
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