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What You Need To Know About Military Leave in California (FMLA)

What You Need To Know About Military Leave in California (FMLA)

Military man sitting on white couch with son and wife


If you are military personnel in the National Guard or Reserves then you know what it’s like to be called to active duty and serve for a period that lasts for several months. But even when you are away, federal state laws are in place to protect your employment. One such protection involves the issue of military leave. In California as well as in other states, military personnel and their family members can claim the benefits of a military leave in the event of a contingency. So, if you would like to learn more about the topic of military leave in California then here’s what you need to know.

What is FMLA? 

Military leave is subject to the Family and Medical Leave Act or FMLA as well as the National Defense Authorization Act of 2010. The original FMLA was amended back 2008 to allow personnel to take time off to deal with certain “exigencies,” particularly those that result from a member’s military service.

What Are The Benefits of Military Leave in California? 

A military leave confers leave with pay of up to 120 hours in each federal fiscal year. This benefit is granted to members of all uniformed services for active duty for training and for inactive duty training.

If the training is not scheduled on the personnel’s off day then he or she may request that the work schedule be rearranged or the employee or use all unused portions of the total 120 hours leave with pay.

Are You Eligible for A Military Leave in California? 

To learn about your eligibility to get a military leave in California, visit the FMLA page of the Department of Labor website. Here, you will find the text for the Military Spouse Leave Law, including eligibility requirements.

If you are currently employed in the private sector, you may also consult your employee’s handbook, as this information is usually included in such materials.

How Do You Apply for Military Leave in California? 

If you are eligible to get a military leave then the first thing you need to do is to complete the necessary federal and state certification forms for the leave. Moreover, you will also need to notify your employer about your intended leave two business days after you have received the requisite notice for the leave.

You will also need to speak with your employer if they are subject to the FMLA. If they are subject to the FMLA then they are require by law to provide you with the necessary information about their policies with regards to military leave.

Finally, you should also look at your employer’s policy and provisions with regards to military leaves then comply with the necessary requirements. Once that you have done that you will be able to get the leave.

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