7 Labor and Employment Law § 171A.01

Summary

• [.01] Generally

  There are two types of Servicemember FMLA Leave:

  “Active duty leave” provides 12 weeks of FMLA leave during a 12 month period to a spouse, son, daughter, or parent of an individual who has received a call up notice. An eligible employee may use up to 12 weeks of FMLA leave because of a “qualifying exigency” that exists because a family member of the employee is on or has been called to active duty in the Armed Forces. The FMLA provides that the Department of Labor (DOL) is responsible for defining what constitutes a “qualifying exigency” and the DOL has promulgated regulations to do so.1

  “Servicemember Family Leave” or “Caregiver leave” provides 26 weeks of FMLA leave during a single twelve month period for a spouse, son, daughter, parent, or nearest “blood relative” to provide care to a “recovering servicemember.” An eligible employee who is the primary caregiver of a servicemember with a combat-related “serious injury or...