Military Family Leave Rights

Eligible family members are entitled to take up to 12 weeks of FMLA for “qualifying exigencies” arising out of a covered military member’s active-duty status, or call to active duty, in support of a contingency operation or deployment to a foreign country. The Military Exigency Leave is a 12-workweek entitlement in a 12-month period and is counted against the CSU FML entitlement. The employee is required to exhaust appropriate leave credits prior to going on any unpaid portion of the Military Exigency Leave – CSU FML entitlement. It is available only to the family members of regular Armed Forces National Guard or Reservists called to federal active duty. Eligible Exigency Categories:

Short Notice Deployment

A covered military member notified of an impending call or order to active duty in support of a contingency operation seven (7) or less calendar days prior to the date of deployment. Leave taken for this purpose can be used for seven (7) calendar days beginning on the date the covered military member is notified of such operation.

Military Events and Related Activities

To attend any official ceremony, program, or event sponsored by the military related to the active duty or call to active-duty status of a covered military member. (Family support assistance and Informational briefings; etc.)

Childcare and School Activities

To arrange for alternative childcare when the active duty or call to active-duty status of a covered military member necessitates such a change.

Financial and Legal Arrangements

To attend to financial or legal arrangements, such as arranging power of attorney, transferring bank accounts, obtaining military identification, and addressing benefit issues related to the call-up.

Counseling

To seek counseling for the employee, the military member, or a child of the military member related to the call to duty or active duty.

Rest and Recuperation (R&R) Leave for a Military Member

Up to five (5) days of leave may be taken by an employee to spend time with a covered military member who is on R&R leave during a 16 period of deployment. The 5 days may be taken by the employee for each period of R&R leave given to the covered military member.

Post-Deployment Activities

Leave may be taken during the 90-day period following a covered military member’s termination of active duty to address issues that may arise following deployment, including dealing with the death of a military member, or attending arrival ceremonies and reintegration briefings.

Additional Activities

To address other events which arise out of the covered military member’s active duty or call to active-duty status that the employer and employee agree that such leave shall qualify as an exigency and agree to both the timing and duration of such leave.

Supporting Documentation Required:

• Provide a copy of the covered military member’s active-duty orders or other documentation issued by the military, and the dates of the active-duty service.
• Complete the DOL Certification of Qualifying Exigency for Military Family Leave Form

Service Member Care Leave provides an eligible employee who is the spouse, registered domestic partner (CSU policy), son, daughter, parent, or “next of kin” of an injured, covered service member with up to 26 weeks of unpaid leave in a single 12-month period to care for that family member. CSU policy requires the eligible employee to exhaust appropriate leave credits prior to taking unpaid leave.

Please note: Federal law requires that Service Member Care Leave must begin on the first day the eligible employee takes such leave and ends 12 months from that date. Eligible employees are entitled up to a combined total of 26 weeks of Service Member Care Leave and 12 weeks of leave for any other FMLA-qualifying event within a 12-month period. The Covered Service Member is not required to have a “serious health condition” as currently defined in FMLA regulations.

Covered Service Member

• A current 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, or on the temporary disability retired list for a serious injury or illness.
• A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was discharged from the Armed Forces (including the National Guard or Reserves) 5 years before the date on which the employee takes SMCL leave to care for the veteran.
• Next of Kin: One designated blood relative (in writing), Blood relatives who have been granted legal custody of the service member by court decree or statutory provision; Brothers and sisters; Grandparents; Aunts and uncles; and First cousins.