Attorneys

Labor and Employment FAQs

• Q: What is the National Defense Authorization Act (“NDAA”)?
  A: The NDAA amends the Family and Medical Leave Act (“FMLA”) to include certain provisions for military families. Essentially, under the NDAA, military … More
• Q: What is “qualifying exigency” leave under the National Defense Authorization Act (“NDAA”)?
  A: Qualifying exigency leave refers to any “qualifying exigency” that arises out of the fact that a covered military member is on or has been called to … More
• Q: Can I take leave due to a “qualifying exigency” under the National Defense Authorization Act (“NDAA”) after my covered military family member returns from active duty?
  A: Yes. You are entitled to take leave for up to 90 days following the return of your covered military family member from active duty for certain post-deployment … More
• Q: What is a “covered military member” for the purposes of the National Defense Authorization Act (“NDAA”)?
  A: A covered military member, in terms of qualifying exigency leave, is the employee’s spouse, child, or parent who is on active duty or call to active duty status. More
• Q: Does a “covered military member” for the purposes of the National Defense Authorization Act (“NDAA”) include my child who is over 18 years of age, or my stepchild?
  A: Yes. The definition of covered military member in the NDAA includes biological and adopted children, stepchildren, and children for whom you were a guardian or … More
• Q: What is “active duty or call to active duty status” for the purposes of the National Defense Authorization Act (“NDAA”)?
  A: Active duty or call to active duty status refers to National Guard or Reserves members who have been ordered to active duty or who have been notified that they will … More
• Q: How much notice do I need to give my employer if I need to take leave due to a “qualifying exigency” as provided in the National Defense Authorization Act (“NDAA”)?
  A: You must give your employer notice as soon as possible. If your leave is unforeseeable, you should follow your employer’s regular rules for reporting your … More
• Q: What sort of documentation do I have to give my employer if I want to take leave due to a “qualifying exigency” under the National Defense Authorization Act (“NDAA”)?
  A: If you request to take leave due to a “qualifying exigency” under the NDAA, your employer may require you to provide a copy of the covered military … More
• Q: How much leave can I take due to a “qualifying exigency” under the National Defense Authorization Act (“NDAA”)?
  A: You are entitled to 12 weeks of leave due to a “qualifying exigency” within a 12-month period. More
• Q: Am I entitled to leave due to both a “qualifying exigency” under the National Defense Authorization Act (“NDAA”) and a serious health condition under the Family and Medical Leave Act (“FMLA”)?
  A: Yes. However, the total amount of leave that you can use for either or both reasons is limited to 12 weeks of leave within a 12-month period. More
• Q: What is “military caregiver” leave under the National Defense Authorization Act (“NDAA”)?
  A: The NDAA permits an eligible employee to take leave in order to care for a spouse, child, parent, or next of kin who is also a covered servicemember with a serious … More