Military Family Leave - FMLA

Military Family Leave Notice - pdf

As of January 28, 2008, H.R. 4986 amended the Family and Medical Leave Act of 1993 (FMLA) to extend coverage to employees caring for family members injured while on active military duty.  The Amendment provides that an FMLA eligible employee, who is the spouse, son, daughter, parent, or next of kin (nearest blood relative) of a covered service member, can take up to 26 weeks of unpaid leave during a single 12 month period to care for a covered service member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status at a military medical facility, or is otherwise on the temporary disability retired list, for a serious injury or illness.  The Amendment only applies to Family Leave in connection with injured members of the Armed Forces. 

The Military Family leave permits eligible employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances.  Maricopa Community Colleges allows the Military Family Leave to be paid or unpaid leave based upon the employee's accrued time available.  Whichever type of paid leave you select initially must be exhausted before you are eligible to use a different type of paid leave.  (Example: If you elect to substitute sick time for unpaid FMLA leave, you must exhaust all of your sick time before you are eligible to substitute vacation time).  Once you have elected to take the leave paid or unpaid, this designation cannot be changed after the leave has commenced.  If an employee requests and is permitted to use compensatory time off for an FMLA qualifying absence, the absence will be counted as an FMLA leave and charged to the employee's FMLA entitlement.  Accumulation of accrued time will continue while the employee remains in a paid status.  Accumulation of accrued leave will cease when the employee goes into an unpaid status, but previously earned benefits will be held in suspense for the employee.  An employee who is granted a Leave of Absence under the Military Family Leave will return to the position which he/she left or an equivalent position. 

If the employee is covered under a policy group, the District will continue to pay the flexible benefits for the insurance selected by the employee, as of the initial leave of absence date, for the duration of the FMLA period. The employee is responsible for any out of pocket costs during the FMLA period.  After the FMLA period has ended, the employee will be eligible to continue qualifying coverage through COBRA. The employee is responsible for the premium payment plus a 2% administration fee while continuing coverage through COBRA.

FMLA Expanded for Military

• (VSI) Very seriously Illness/Injured - Illness/Injury is of such a severity that life is imminently endangered.  Family members are requested at the bedside immediately.

• (SI) Seriously Illness/Injured - Illness/injury is of such severity that there is cause for an immediate concern, but there is no imminent danger to life.  Family members are requested at beside.

• (Other) Illness/Injured - A serious injury or illness that may render the service member medically unfit to perform the duties of the member's office, grade, rank, or rating.

Definition of "Qualifying Exigency"

Includes any one or more of the following non-medical, non-routine activities and no others:

1. Short-notice deployment activities;

2. Military event and related activities;

3. Childcare and school activities;

4. Financial and legal arrangements;

5. Counseling activities;

6. Rest & recuperation activities;

7. Post deployment activities; and or

8. Additional activities.

Last Modified: January 23, 2009

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