FMLA Military Guide

The Employee’s Guide to

MILITARY FAMILY LEAVE

Under the Family and Medical Leave Act

WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR

Please reference “The Employee’s Guide to the
Family and Medical Leave Act” for general
information about taking FMLA leave.

An Introduction to Military Family Leave
under the Family and Medical Leave Act
Military families can find themselves facing great challenges. Caring for an injured
servicemember, arranging for alternative childcare when a spouse is deployed to a
foreign country, or attending arrival ceremonies when a loved one returns from a
deployment may present family members with difficult decisions about time spent
at work versus with family.
The Family and Medical Leave Act (FMLA) may be able to help. Since 1993, the FMLA
has provided unpaid, job-protected leave for those living with a serious health
condition, or caring for a family member with a serious health condition.
The Military Family Leave provisions, first added to the FMLA in 2008, afford
FMLA protections specific to the needs of military families.
This guide provides you a simple overview of how the FMLA may benefit military
families. In your time of need, sometimes you just need time.

This Guide Will Explain:
■

Who Can Use Military Family Leave?

■

What are the FMLA Military Family Leave Entitlements?

■

Leave Related to the Deployment of a Military Member

(Qualifying Exigency Leave)
■

Leave Related to a Seriously Injured or Ill Servicemember or Veteran
(Military Caregiver Leave)

■

General FMLA Rights and Responsibilities

■

How to File a Complaint

■

Web Site Resources

Who Can Use Military Family Leave?
In order to take FMLA leave, you must first work for a covered employer. Generally,
private employers with at least 50 employees are covered by the law. Private
employers with fewer than 50 employees are not covered by the FMLA, but
may be covered by state family and medical leave laws. Government agencies
(including local, state and federal employers), and elementary and secondary
schools are covered by the FMLA, regardless of the number of employees.
If you work for a covered employer, you need to meet additional criteria to be
eligible to take FMLA leave. You must:

■ Have worked for your employer for at least 12 months;

■ Have at least 1250 hours of service with your employer in

the 12 months before you take leave*; and
■ Work at a location where your employer has at least 50

employees within 75 miles of your worksite.
* Special rules apply to airline flight crew employees.

You work for an employer who has 50 or more employees
OR
You work for a public agency or elementary or secondary school
NO

YES

STOP
Your employer is not covered by
the FMLA and does not have to
offer FMLA leave

Your employer is covered by the FMLA
and

You have worked for your employer
for at least 12 months
and

You have at least 1250 hours of
service in the last 12 months

STOP
You are not eligible for FMLA leave

and

NO

Your employer has 50 or more employees
within 75 miles of your job site

YES
You are eligible for FMLA leave
2  The Employee’s Guide to Military Family Leave

An Introduction to the Military Family
Leave Provisions
QUALIFYING EXIGENCY LEAVE
When a family member is deployed to a foreign country with the Armed
Forces, your life can change very quickly. Many of these changes can
require your prompt attention. Even though no one is ill or injured, you
may need time away from work to address these issues.
If your spouse, parent, son or daughter is a military member who is
deployed or has been notified of an impending deployment to a foreign
country, and you work for a covered employer and are an eligible
employee, you may be entitled to qualifying exigency leave. Qualifying
exigency leave allows you to take up to a total of 12 workweeks of
FMLA leave for qualifying exigencies, such as making different day care
arrangements for the military member’s children or attending official
military ceremonies as your family member prepares to deploy. See
page 4 for more information on qualifying exigency leave under the FMLA.

MILITARY CAREGIVER LEAVE
When faced with caring for an injured or seriously ill servicemember
or veteran, the FMLA may be able to help ease the burden of worrying
about your job during an already troubling time.
If you are the spouse, parent, son, daughter, or next-of-kin of a covered
servicemember, you work for a covered employer, and are an eligible
employee, you may be entitled to military caregiver leave. Military
caregiver leave allows you to take up to a total of 26 workweeks of unpaid
leave during a single 12-month period to take care of your military
relative if he or she has a qualifying serious injury or illness. See page 10
for more information on military caregiver leave under the FMLA.

The Employee’s Guide to Military Family Leave 3

Qualifying Exigency Leave
Who can take Qualifying Exigency Leave?
To take qualifying exigency leave, the military member must be your spouse,
parent, son or daughter.
Military Member
Your spouse
You
(Eligible Employee)

Your parent
Your son or daughter

■

Parent

Parent means a biological, adoptive, step or foster father or mother, or
any other individual who stood in loco parentis to you when you were a child.
This term does not include parents “in law.”
■

Son or daughter

For qualifying exigency leave, son or daughter means your biological,
adopted, or foster child, a stepchild, a legal ward, or a child for whom you
stood in loco parentis, and who is of any age.

In Loco Parentis
A person stands in loco parentis if that person provides day-to-day care
or financial support for a child. A person who has no biological or
legal relationship with a child may nonetheless stand or have stood in
loco parentis to the child for purposes of FMLA leave. (See Administrator’s
Interpretation No. 2010-3 and Fact Sheets 28B and 28C).
For example, if an employee stood in loco parentis to a military member
when that military member was a child, the employee may exercise
his or her FMLA rights to take qualifying exigency leave for exigencies
arising out of that military member’s deployment to a foreign country.

4  The Employee’s Guide to Military Family Leave

Covered Active Duty
Once you have determined that you are an eligible employee, you must
determine whether your spouse, parent or child who is serving in the military
is on “covered active duty” or call to “covered active duty” status (or has been
notified of an impending call or order to “covered active duty”).

“Covered Active Duty” means:
For members of the regular Armed Forces, duty during deployment of the
member with the Armed Forces to a foreign country.
For members of the reserve components of the Armed Forces (members of the
National Guard and Reserves), duty during deployment of the member with the
Armed Forces to a foreign country under a call or order to active duty in support of
a contingency operation.
Deployment to a foreign country means deployment to areas outside of the
United States, the District of Columbia, or any Territory or possession of the United
States, including international waters.

Qualifying Exigency Leave Taken for a Military Member
STEP 1
You must work for a covered employer AND you must be an eligible employee
Please see pg. 2

NO

YES
STEP 2
The military member must be on
“covered active duty”

not on covered
active duty

covered active duty

STEP 3
The military member must be your
spouse, parent, son or daughter

STOP
You are not able
to take FMLA leave
for a qualifying
exigency

not your
spouse, parent
or child

your spouse, parent or child

STEP 4
You may take FMLA leave for a qualifying exigency
Please see pgs. 6-8

The Employee’s Guide to Military Family Leave 5

Qualifying Exigency Leave
If your military relative is on covered active duty, you may be able
to take FMLA leave for the following qualifying exigencies:
■

To address any issues arising from the military member’s short-notice
deployment (i.e., deployment within seven or less days of notice). You may
take leave for up to seven calendar days, beginning on the day the military
member receives notice of deployment, to attend to any issue arising from
the short-notice deployment.

■

To make or update financial and legal arrangements arising from the
military member’s covered active duty. This could include preparing and
executing financial and healthcare powers of attorney, enrolling in the
Defense Enrollment Eligibility Reporting System (DEERS), obtaining military
identification cards, or acting as the military member’s representative in
arranging for military service benefits.

■

To attend counseling for yourself, the military member, or the child of the
military member, when the need for that counseling arises from the
military member’s covered active duty and is provided by someone other
than a health care provider.

■

To attend military events and related activities. These could include official
military ceremonies, military programs, family support programs, and/or
informational briefings sponsored or promoted by the military or military
service organizations that are related to the military member’s covered
active duty.

■

To spend up to fifteen calendar days with a military member who is on
Rest and Recuperation leave during covered active duty. (Note: You may
only use this leave during the military member’s R & R leave.)

6  The Employee’s Guide to Military Family Leave

■ To address certain childcare and related activities concerning the military

member’s child that arise from the military member’s covered active duty.
These could include arranging for alternative childcare; providing childcare
on a non-routine, urgent, immediate need basis; enrolling in or transferring a
child to a new school or day care facility; and attending certain meetings at a
school or a day care facility. This provision allows for the arrangement of
alternative childcare. It does not allow you to take leave for routine childcare,
such as to become the primary caregiver while the military member is on
covered active duty.

Note: You do not need to be related to the military member’s child. But, (1) the
military member must be your spouse, parent or child, and (2) the child for
whom you are taking leave must be the child of the military member.

Qualifying Relationship to the Child of the Military Member
You
(Eligible Employee)

your spouse,
parent or child

no
relationship
necessary

Military Member
on covered
active duty

son or
daughter

Child

The Employee’s Guide to Military Family Leave 7

Qualifying Exigency Leave
(Continued)
■

To attend post-deployment activities for up to 90 days following the
termination of the military member’s covered active duty, including
attending arrival ceremonies, reintegration briefings and events, and other
official ceremonies or programs sponsored by the military, and to address
issues arising from the death of a military member, including attending
funeral services for the military member.

■

Any other event that you and your employer agree is a qualifying
exigency and agree to the timing and duration of the leave.
■

To address certain activities related to the care of the military member’s
parent who is incapable of self-care. These could include arranging for
alternative parental care; providing care on a non-routine, urgent,
immediate need basis; admitting or transferring the parent to a new
care facility; and attending certain meetings at a care facility or with
hospice staff.

Note: You do not need to be related to the military member’s parent. But, (1)
the military member must be your spouse, parent or child, and (2) the parent
for whom you are taking leave must be the parent of the military member.

Qualifying Relationship for Parental Care Leave
You
(Eligible Employee)

your spouse,
parent or child

no
relationship
necessary

Military Member
on covered
active duty

parent

Parent

8  The Employee’s Guide to Military Family Leave

What are the certification requirements for qualifying exigency leave?
If you are requesting leave for a qualifying exigency, your employer may require:

1) a copy of the military member’s active duty orders (or other official

documentation issued by the military) which indicates the military
member is on covered active duty or call to covered active duty status;

■

You only need to provide a copy of the active duty orders or other
appropriate documentation once per deployment.

■ Your employer may contact the Department of Defense to request

verification that the military member is on covered active duty.

2) a statement or description of the appropriate facts regarding the
qualifying exigency;

■ Facts may include information on the type of leave needed and any

available written documentation (for example, copy of meeting

announcement, appointment confirmation with counselor or

school official, copy of bill for legal or financial arrangements, or

R & R orders).

3) the approximate date on which the leave began (or will begin); and

■

You may also be asked to provide an estimate of how long and/or
how often you will need leave.

4) the contact information for any third party you are meeting.
■ For example, the name, title, organization, address, telephone

number, fax number, and e-mail address of the third party, as well

as a brief description of the purpose of the meeting.

■ Your employer may contact the third party to confirm the nature

of the meeting. Your permission is not required for this contact —

however, your employer may NOT request additional information

from the third party during this contact.

The Employee’s Guide to Military Family Leave 9

Military Caregiver Leave
Who can take Military Caregiver Leave?
To take military caregiver leave, you must be the spouse, parent, son or
daughter, or next of kin of the covered servicemember.
■

Parent

For military caregiver leave, parent means the servicemember’s biological,
adoptive, step or foster father or mother, or any other individual who stood
in loco parentis to the servicemember. This term does not include parents
“in law.”
■

Son or daughter
For military caregiver leave, son or daughter means the servicemember’s
biological, adopted, or foster child, stepchild, legal ward, or child for whom
the covered servicemember stood in loco parentis, and who is of any age.

In Loco Parentis
A person stands in loco parentis if that person provides day-to-day care
or financial support for a child. A person who has no biological or
legal relationship with a child may nonetheless stand or have stood in
loco parentis to the child for purposes of FMLA leave. (See Administrator’s
Interpretation No. 2010-3 and Fact Sheets 28B and 28C).
For example, an uncle who raised his niece may exercise his FMLA rights
to take military caregiver leave if the niece is a covered servicemember.
■

Next of Kin

Next of kin is the nearest blood relative, other than the spouse, parent, son,
or daughter, in the following order of priority:

1) a blood relative who has been designated in writing by the
servicemember for purposes of FMLA military caregiver leave

2) blood relatives who have been granted legal custody of the
servicemember

3) brothers and Sisters
4) grandparents
5) aunts and uncles

6) first cousins

10  The Employee’s Guide to Military Family Leave

Qualifying Family Relationship Under Military Caregiver Leave
You are the
Servicemember’s...
Spouse

In this order:
1. One blood relative
designated in writing **
if none

Parent
Covered
Servicemember

2. All blood relatives
with legal custody
if none

Son or
Daughter

3. All brothers and
sisters
if none

4. All grandparents
Next of Kin
if none

5. All aunts and uncles
if none

6. All first cousins

** If the servicemember designates a next of kin in writing for purposes of FMLA
military caregiver leave, that relative is the only next of kin for FMLA leave purposes.
If the servicemember makes no such designation, all the family members sharing
the same level of family relationship to the servicemember are considered the
next of kin. For example, if a servicemember has three siblings, and no other
blood relative has been designated in writing as next of kin for FMLA purposes
or granted legal custody, all three siblings may take military caregiver leave as
the next of kin (either simultaneously or consecutively).

The Employee’s Guide to Military Family Leave 11

Military Caregiver Leave
Military caregiver leave may be taken to care for a “covered servicemember”
with a serious injury or illness. A covered servicemember may be either a
current servicemember OR a veteran of the Armed Forces. (Please see pg. 14 if
you need leave to care for a veteran.)

Current Servicemember
Who is a covered servicemember?
A covered servicemember is 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 is
otherwise on the temporary disability retired list, for a serious injury or illness.
What is a serious injury or illness of a current servicemember?
For a current servicemember, a serious injury or illness is one that was
incurred by a servicemember in the line of duty on active duty that may render
the servicemember medically unfit to perform the duties of his or her office,
grade, rank, or rating. A serious injury or illness also includes injuries or illnesses
that existed before the servicemember’s active duty and that were aggravated by
service in the line of duty on active duty.

12  The Employee’s Guide to Military Family Leave

Military Caregiver Leave Taken for a Current Servicemember
STEP 1
You must work
for a covered
employer AND
you must be an
eligible employee

NO

STOP
You are not able
to take FMLA
military caregiver
leave

Please see pg. 2

YES
STEP 2
The servicemember must be a current member of the Armed Forces
and

The servicemember must be undergoing medical treatment, recuperation,
or therapy; in outpatient status; or on the temporary disability retired list
and

The servicemember must have a “serious injury or illness”
YES

NO

STEP 3
You must be the
spouse, parent,
child or next
of kin of the
servicemember

STOP
You are not able
to take FMLA
military caregiver
leave

NO

Please see pg. 10

YES
STEP 4
You may take
FMLA military
caregiver leave

The Employee’s Guide to Military Family Leave 13

Military Caregiver Leave
Veteran of the Armed Forces
* Military caregiver leave is not available to care for a veteran until March 8, 2013,
the effective date of the 2013 FMLA regulations.

Who is a covered servicemember?
A covered servicemember is a veteran discharged under conditions other than
dishonorable within the five-year period before you first take military caregiver
leave to care for that veteran who is undergoing medical treatment, recuperation,
or therapy for a serious injury or illness.
For any veteran who was discharged prior to March 8, 2013, the period of time
between October 28, 2009 and March 8, 2013 will not count as part of the five-year
period. For example, if your family member became a veteran on October 28, 2009
then you may begin to use your military caregiver leave entitlement at any time
up until March 8, 2018. As long as your military caregiver leave begins within five
years of the veteran’s discharge, the 12-month period may extend beyond the
five-year period.

What is a serious injury or illness of a veteran?
For a veteran, a serious injury or illness is one that was incurred by the veteran
in the line of duty on active duty in the Armed Forces or that existed before
the veteran’s active duty and was aggravated by service in the line of duty on
active duty, and that is either:
■

a continuation of a serious injury or illness that was incurred or aggravated
when the veteran was a member of the Armed Forces and rendered the
servicemember unable to perform the duties of the servicemember’s office,
grade, rank, or rating; or

■

a physical or mental condition for which the veteran has received a
Department of Veterans Affairs Service-Related Disability Rating (VASRD) of
50 percent or greater. (The rating may be based on multiple conditions).
■

a physical or mental condition that substantially impairs the veteran’s ability
to work because of a disability or disabilities related to military service, or
would do so absent treatment; or

14  The Employee’s Guide to Military Family Leave

■

an injury that is the basis for the veteran’s enrollment in the Department of
Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
Any one of these definitions meets the FMLA’s definition of a serious injury
or illness for a veteran regardless of whether the injury or illness manifested
before or after the individual became a veteran.

The “Single 12-Month Period”
The single 12-month period for leave to care for a covered servicemember (both
current servicemembers and veterans) with a serious injury or illness begins on the
first day you take leave for this reason and ends 12 months later, regardless of the 12month period established by your employer for other types of FMLA leave.
You are entitled to a combined total of 26 workweeks of leave for any FMLA-qualifying
reason during the “single 12-month period.” (Up to 12 of the 26 weeks may be for an
FMLA-qualifying reason other than to care for a covered servicemember. For example,
if you use 10 weeks of FMLA leave for your own serious health condition, you still
have up to 16 weeks of FMLA leave left to care for a covered servicemember.)

Multiple Instances of Military Caregiver Leave
Military caregiver leave is available to you once per servicemember per serious injury
or illness. However, if you take leave to care for your family member when he or she
is a current servicemember, you may be able to take another 26 weeks of military
caregiver leave, in a different 12-month period, to care for that same family member
when he or she becomes a veteran, even if he or she continues to suffer from the
same serious injury or illness.
You may take an additional 26 weeks of leave in a different 12-month period to care
for the same servicemember if he or she subsequently has a different serious injury or
illness. For example, if you take caregiver leave to care for a covered servicemember who
sustained severe burns, you may be entitled to an additional 26 weeks of caregiver
leave in a different 12-month period if the same servicemember is later diagnosed with
a traumatic brain injury that was incurred in the same incident as the burns. It is possible
for you to take military caregiver leave to care for more than one servicemember with
a serious injury or illness at the same time. In any event you are limited to a total of 26
weeks of military caregiver leave in a 12-month period.

The Employee’s Guide to Military Family Leave 15

Military Caregiver Leave
Military Caregiver Leave Taken for a Veteran
STEP 1
You must work
for a covered
employer AND
you must be an
eligible employee

NO

STOP
You are not able
to take FMLA
military caregiver
leave

Please see pg. 2

YES
STEP 2
The servicemember must be a veteran discharged within the five year period
before you first take military caregiver leave
and

The veteran must be undergoing medical treatment, recuperation, or therapy
and

The veteran must have a “serious injury or illness”
YES
STEP 3
You must be the
spouse, parent,
child or next of
kin of the veteran
Please see pg. 10

NO

NO

STOP
You are not able
to take FMLA
military caregiver
leave

YES
STEP 4
You may take
FMLA military
caregiver leave

16  The Employee’s Guide to Military Family Leave

What are the certification requirements for military caregiver leave?
If you request military caregiver leave, your employer can require that you
provide certification supporting your leave request that includes:

1) contact information for the authorized health care provider completing the

certification, the type of medical practice or specialty, and affiliation with the
military, if any;

2) whether the injury or illness was incurred or aggravated by service in the line of
duty on active duty, when it began or was aggravated, and its likely duration;

3) a statement of appropriate facts regarding the servicemember’s health
condition sufficient to support the need for FMLA leave;

4) information to show that the servicemember needs care and estimates for the
period and dates of treatment or recovery needed;

5) if care is needed intermittently or on a reduced schedule, the schedule of

treatments or appointments, or an estimate of the frequency and duration of
periodic care;

6) your name, the name of the covered servicemember, and your relationship to
the servicemember; and

7) information on the servicemember’s branch, rank, and unit assignment or the
veteran’s date and type of separation.

If your family member is a current servicemember who needs care, you may present a
copy of an Invitational Travel Order (ITO) or Invitational Travel Authorization (ITA) issued to
any member of the covered servicemember’s family for certification for the time specified
on the ITO/ITA.
If your family member is a veteran with a serious injury or illness, you may provide a copy
of a VASRD rating determination or the enrollment notice from the VA’s Program for
Comprehensive Assistance for Family Caregivers for certification of the veteran’s serious
injury or illness. The enrollment notice may be issued to any member of the veteran’s family.
However, you may need to provide additional information to support your leave request.
An authorized health care provider may be a DOD, VA, TRICARE network, non-network
TRICARE, or non-military-affiliated health care provider. An employer may request a
second and third opinion of a covered servicemember’s serious injury or illness only when
a certification is provided by a non-military-affiliated health care provider. Recertification
is not permitted for a certification for military caregiver leave.
The Employee’s Guide to Military Family Leave 17

The FMLA Leave Process
This flowchart provides general information to walk
you through your initial request for FMLA leave. It is
a step-by-step guide that will help you navigate the
sometimes complicated FMLA process.
Please note, it is ESSENTIAL that you are familiar
with your employer’s leave policy. There are several
instances throughout the FMLA leave process
where you will need to comply with BOTH the FMLA
regulations AND your employer’s leave policy.
please reference “the employee’s guide to the family
and medical leave act” for general information
about taking fmla leave.

Your employer
must provide
you with your
FMLA rights &
responsibilities,
as well as any
request for
certification

certification
requested

STEP 3
You must
provide sufficient
information to
your employer to
certify your need
for leave within
15 calendar days

certification
not
requested

→

START HERE
STEP 1
You must notify
your employer
when you know
you need leave

eligible

STEP 2
Your employer
must notify you
whether you are
eligible for FMLA
leave within
5 business days

18  The Employee’s Guide to Military Family Leave

not
eligible

STOP
You are not able
to take FMLA
Military Leave
(You may request
leave again in the
future. Employee
eligibility can
change.)

Qualifying Exigency Leave

Military Caregiver Leave

Please see pg. 9 for qualifying exigency
certification

Please see pg. 17 for military caregiver
certification

STOP
You are not able
to take FMLA
Military Leave
(You may request
leave again in the
future.)
not designated

STEP 4
Your employer
must notify you
whether your
leave has been
designated as
FMLA within 5
business days

STEP 5
Your FMLA
Military Leave is
protected
designated

(There are employee
responsibilities
while out on
FMLA leave.)

STEP 6
When you return
to work, your
employer must
return you to your
same or nearly
identical job

your responsibility
your employer’s responsibility

The Employee’s Guide to Military Family Leave 19

General FMLA Rights and
Responsibilities
If you take FMLA leave, your employer must continue your health insurance as
if you were not on leave (you may be required to continue to make any normal
employee contributions).
FMLA leave is unpaid leave. However, if you have sick time, vacation time, personal
time, etc., saved up with your employer, you may use that leave time, along with
your FMLA leave so that you continue to get paid. In order to use such leave, you
must follow your employer’s normal leave rules such as submitting a leave form
or providing advanced notice. Even if you do not want to use your paid leave,
your employer can require you to use it during your FMLA leave.
To take FMLA leave, you must provide your employer with appropriate notice.
When you need FMLA leave unexpectedly (for example, if a servicemember is
injured in the line of duty), you MUST inform your employer as soon as you can.
You must follow your employer’s usual notice or call-in procedures unless you
are unable to do so. Time off under the FMLA may not be held against you in
employment actions such as hiring, promotions or discipline.
When you return to work, the FMLA requires that your employer return you to
the same job that you left, or one that is nearly identical. If you are not returned
to the exact same job, the new position must:
■

involve the same or substantially similar duties, responsibilities and status;

■

include the same general level of skill, effort, responsibility and authority;

■

offer identical pay, including equivalent premium pay, overtime and
bonus opportunities;

■

offer identical benefits (such as life insurance, health insurance, disability
insurance, sick leave, vacation, educational benefits, pensions, etc.); and

■

offer the same general work schedule, and be at the same (or nearby) location.

Please keep in mind that if you exhaust your FMLA leave entitlement and are unable
to return to work, your employer is not required to restore you to your position.

20  The Employee’s Guide to Military Family Leave

How to File a Complaint
The U.S. Department of Labor’s Wage and Hour Division (WHD) is responsible
for administering and enforcing the Family and Medical Leave Act for most
employees.
If you have questions, or you think that your rights under the FMLA have
been violated, you can contact WHD at 1-866-487-9243. You will be directed
to the WHD office nearest you for assistance. There are over 200 WHD offices
throughout the country staffed with trained professionals to help you.
The information below is useful when filing a complaint with WHD:
■

your name;

■

your address and phone number (how you can be contacted);

■

the name of the company where you work or worked;

■

location of the company (this may be different than the actual job site
where you worked);
■

phone number of the company;

■

manager or owner’s name; and

■

the circumstances of your FMLA request and your employer’s response.

Your employer is prohibited from interfering with, restraining, or denying the
exercise of or the attempt to exercise FMLA rights, retaliating against you for filing a
complaint and cooperating with the Wage and Hour Division, or bringing a private
action to court. You should contact the Wage and Hour Division immediately if
your employer retaliates against you for engaging in any of these legally-protected
activities.
To contact the Wage and Hour Division office nearest you, visit:
www.dol.gov/whd/america2.htm.

The Employee’s Guide to Military Family Leave 21

Web Site Resources
Visit the Wage and Hour Division web site at www.dol.gov/whd/fmla for
resources containing information about the FMLA, including:
■

Key News

■

General Guidance

■

The Employee’s Guide to The Family and Medical Leave Act

■

Fact Sheets

■

e-Tools

■

Posters

■

Forms

■

Interpretive Guidance

■

Law

■

Regulations

22  The Employee’s Guide to Military Family Leave

U.S. Department of Labor
Wage and Hour Division
200 Constitution Avenue, NW
Washington, DC 20210
1-866-4-USWAGE
(1-866-487-9243)

www.dol.gov/whd

WH-1513

FEBRUARY 2013