Labor and Employment FAQs

• 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
• Q: What is a “covered servicemember” for the purposes of military caregiver leave under the National Defense Authorization Act (“NDAA”)?
  A: A covered servicemember is a member of the military, including the National Guard and Reserves, who is receiving medical treatment, is recuperating, and or is … More
• Q: What is a “serious illness or injury” for the purposes of military caregiver leave under the National Defense Authorization Act (“NDAA”)?
  A: A serious illness or injury is sustained by the covered servicemember in the line of duty while on active duty, which may make him or her medically unfit to perform … More
• Q: How much military caregiver leave can I take under the National Defense Authorization Act (“NDAA”)?
  A: Eligible employees are entitled to take up to 26 weeks of military caregiver leave within a 12-month period. If an eligible employee takes up to 12 weeks of … More
• Q: Can I carry over unused military caregiver leave time from one year to the next under the National Defense Authorization Act (“NDAA”)?
  A: No. If you do not use the entire 26 weeks of military caregiver leave time available to you during a 12-month period, you forfeit the time that you did not use. More
• Q: How much notice do I have to give my employer if I need to take military caregiver leave under the National Defense Authorization Act (“NDAA”)?
  A: You must give your employer 30 days notice of your intent to use military caregiver leave under the NDAA. If you are unable to give 30 days notice, then you … More
• Q: Do I have to provide any documentation to my employer if I need to take military caregiver leave under the National Defense Authorization Act (“NDAA”)?
  A: Your employer can require you to provide certification from an authorized healthcare provider who is treating the covered servicemember. An optional form is … More
• Q: If I receive an invitational travel authorization (“ITA”) or order (“ITO”) to immediately fly overseas due to a catastrophic injury to a covered servicemember, do I have to obtain the military caregiver leave certification for my employer before leaving?
  A: No. In this case, your employer must accept a copy of the ITA or ITO instead of the usual certification for the duration of the time period specified in the ITA … More
• Q: Do all employers have to permit military family leave under the National Defense Authorization Act (“NDAA”)?
  A: No. Only employers that are subject to the Family and Medical Leave Act (“FMLA”), i.e. public agencies, schools, and private companies with 50 or … More
• Q: If I must take leave that qualifies both as military caregiver leave and leave under the Family and Medical Leave Act (“FMLA”) in order to care for a family member with a serious health condition, which kind of leave is it?
  A: In this case, your employer must first designate your leave as military caregiver leave. This allows you a longer leave period, plus it eliminates some of the … More
• Q: Are all employees entitled to take military family leave under the National Defense Authorization Act (“NDAA”)?
  A: No. Only employees who work for an employer who is subject to the Family and Medical Leave Act (“FMLA”), who have worked more than 1,250 hours in the … More