Military Family FMLA: Caregiver and Exigency Leave

Introduction

Military families face unique challenges—and FMLA recognizes that. The law provides **two special categories** of leave for families of servicemembers: qualifying exigency leave and military caregiver leave.

Qualifying Exigency Leave

### What It Covers Up to **12 weeks** of leave for issues arising from a family member's active duty or call to active duty in the Armed Forces. This includes:

• **Short-notice deployment:** 7 days or less notice
• **Military events:** Ceremonies, briefings, family support programs
• **Childcare and school:** Arranging alternative childcare, school meetings
• **Financial and legal:** Powers of attorney, wills, banking
• **Counseling:** For you, the servicemember, or your child
• **Rest and recuperation:** Up to 15 days per instance of R&R
• **Post-deployment activities:** Arrival ceremonies, reintegration briefings

### Who Qualifies - Spouse, child, or parent of a covered servicemember - Servicemember must be in the National Guard, Reserves, or Regular Armed Forces - Deployment must be to a foreign country

### The Form Use **Form WH-384** for qualifying exigency leave.

Military Caregiver Leave

### What It Covers Up to **26 weeks** of leave to care for a covered servicemember with a serious injury or illness. This is the **most generous FMLA leave** available.

### Who Is a "Covered Servicemember"?

**Current servicemember:** - On active duty - Undergoing medical treatment for a serious injury/illness incurred in the line of duty

**Veteran:** - Discharged within the past 5 years - Undergoing treatment for a serious injury/illness incurred during active duty

### Who Can Take This Leave? - Spouse - Son or daughter (of any age) - Parent - Next of kin (nearest blood relative)

### The Forms | Servicemember Type | Form | |--------------------|------| | Current servicemember | WH-385 | | Veteran | WH-385-V |

**Use our [Form Finder](/forms)** to get the right form.

Key Differences from Standard FMLA

| Feature | Standard FMLA | Military Caregiver | |---------|--------------|--------------------| | Duration | 12 weeks | 26 weeks | | Covered relationships | Spouse, child, parent | + Next of kin | | Reason | Various | Servicemember injury/illness | | Renewal | Every 12 months | Single 12-month period |

Combining with Standard FMLA

If you take military caregiver leave, you're entitled to a **combined total of 26 weeks** in a single 12-month period. This includes any standard FMLA leave taken during the same period.

**Example:** You took 4 weeks of standard FMLA earlier in the year. You're now entitled to 22 weeks of military caregiver leave (26 - 4 = 22).

Conclusion

Military families have earned these protections. If you're caring for a servicemember or dealing with deployment-related issues, don't hesitate to use your FMLA rights.

**Find your form:** Visit our [Form Finder](/forms) for military family certifications.

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