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    Discrimination: Pregnancy & the Family and Medical Leave Act

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    What are the responsibilities of the U. S. Military with regard to the Family and Medical Leave Act? Please cite resources. Thank you.

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    1. What are the responsibilities of the U. S. military with regard to the Family and Medical Leave Act? Please cite resources. Thank you.
    Military Service Time Counts Toward FMLA Leave Eligibility
    As a general rule, a worker becomes eligible for leave under the FMLA after working for a covered employer, for at least 12 months, and if s/he has worked at least 1,250 hours. In other words, although the question does not ask about pregnancy, the same rules apply for Military personnel as other employees (see Example 1 below for an overview of the FMLA).
    For example, in accordance with the federal Family and Medical Leave Act of 1993, a Family and Medical Leave of Absence (FMLA) shall be defined as an approved absence available to eligible employees for up to 12 weeks of unpaid leave per year for the following circumstances:
    • To care for a newborn child or a child placed with the employee for adoption or foster care; or
    • Because of the serious health condition of a child, parent or spouse requiring the employee's participation in care; or
    • When the employee is unable to perform the essential functions of his/her own position because of a serious health condition. http://www.tufts.edu/hr/handbook/lvofabs.htm
    Specifically, Army regulations authorize 6 weeks of post-partum convalescent leave after a soldier has given birth, beginning when the soldier is discharged from the hospital. This is often followed by several weeks of regular leave, which can be granted by the soldier's commander. Additionally, the Department of Defense (DOD) has issued a regulation allowing military members who are new mothers or one member of a dual military family who adopts a child, a 4-month period during which they are exempt from deployments. By the time a soldier returns to a deployable status, she will have spent more than one year as non-deployable and unable to carry out the terms of her contract.
    Extra Reading: Link between FMLA and ESERRA
    Employers are reminded, however, that a member of the National Guard or Reserve who requests FMLA leave after a Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) qualifying military leave of absence must be credited for the months and hours that the employee would have worked, but for his/her military service. Under USERRA, service members who are reinstated after a tour of duty are entitled to receive all benefits of employment that they would ...

    Solution Summary

    This solution discusses some of the responsibilities of the U. S. Military with regard to the Family and Medical Leave Act. Supplemented with a highly informative article on how pregnancy is dealt with in the U.S. military and many links for further research on related laws and regulations. References are included.