Military Families FMLA
The Family and Medical Leave Act (FMLA) was recently amended to extend FMLA qualifying leave to the families of members of the U.S. Armed Forces under certain circumstances (Military Families FMLA). This Supplement provides employees' rights to such leave. Except as provided for in the recent amendments to the FMLA, an employee's rights and obligations with regard to Military Families FMLA leave are governed by Southern State Community College's existing FMLA policy.
The changes to FMLA provide for two (2) new instances in which an eligible employee can qualify for FMLA leave:
- Because of any "qualifying exigency" arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty or has been notified of an impending call to active duty status in support of a contingency operation;
- If the employee is the spouse, son, daughter, parent, or next of kin of a covered service member, to care for the service member who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status or on the temporary disability retired list for a serious injury or illness incurred in the line of duty while on active duty in the Armed Forces that may render the service member medically unfit to perform the duties of the service member's office, grade, rank or rating.
Duration of Military Families (FMLA)
The College's existing FMLA policy defines the FMLA year used (FMLA Year).
When Leave is Due to a "Qualifying Exigency": An eligible employee may take up to a total of twelve (12) workweeks of leave during the FMLA Year for this and any other reasons set forth in the existing FMLA policy.
When Leave is to Care for an Eligible Service Member: An eligible employee may take up to twenty-six (26) workweeks of leave during a single twelve (12)-month period to care for the eligible service member. Leave to care for an eligible service member, when combined with other FMLA-qualifying leave, may not exceed twenty-six (26) workweeks in a single twelve (12)-month period. There are also limitations if both spouses are Southern State Community College employees. If leave to care for the eligible service member is not exhausted during the FMLA Year and would extend into the next FMLA Year, contact the Department of Human Resources.
NOTE: Military Families FMLA runs concurrently with other leave entitlements as set forth in the existing FMLA policy or as provided by federal, state or local law.