Does a service member and there family have the right to the FMLA act?

Question

My sister is in the service and has to send her (overseas) daughter home(unexpectedly) to Michigan. I talked to HR at my job and they say I wouldn't qualify to take anytime beyond vacation..because I would not fall under the FMLA(Family Medical Leave Act). I have read the act and I don't appear to qualify but I thought that there was some type of relief to service members who have to place there child with a relative in time of war or whatever. She is not going to war but she would like to leave her job at her appointed time (and be stationed in the states) instead of staying an extra year with her daughter. Am I eligible under FMLA since I am taking legal guardianship. Any help or direction would be appreciated :)

To msjvb. firstly, i was not trying to use the act to stay home and babysit. i have no intentions of quitting my job. i would need days off to go to court to establish custody, establish child care(while i am at work). I asked the question for direction and assistance. Not to be labeled or branded by someone as yourself who does not know the complete situation. I assume that you have never taken on the responsiblity of another persons child. My question was posed to see if service members would be able to seek such relief to a family member. Most tours in Iraq are 6-18months. But being a Navy wife I guess you would not know that.

Answer 1

There are a couple of pieces of information missing from your question:

1. Do you meet all the qualifications for getting FMLA (have been with your employer more than 12 months, have worked more than 1250 hours in the last year, and work at a location where your employer has at least 50 employees working within 75 miles)?
2. Why is your niece being sent back? is it for an illness or is it for other issues?

If your niece is sick and you are responsible for taking care of her, you may qualify for FMLA (normally a niece doesn't qualify under "immediate family," but there may be an exception if you are her legal guardian). If she is being sent back to Michigan for other reasons, the situation won't qualify for FMLA.

There is paperwork that your doctor (or your niece's doctor) will have to fill out to qualify you for leave. Your company should not refuse to give you the paperwork, and once the paperwork is properly filled out, they cannot deny it (unless you don't qualify for FMLA as outlined above). That doesn't mean they won't try.

If you still feel your situation qualifies you for FMLA and your company won't grant it, you can contact an employment attorney in your area and ask for some advice. A good employment attorney won't charge for an initial consultation and may be able to give you more ideas (I'm not advocating suing your company, but an employment attorney knows this stuff backwards and forwards and can give you information specific to your situation).

Good luck!

Answer 2

Nope. Your sister can get discharged is she doesn't have a valid family care plan if she is single. You were the person she legally designated on her family car plan to take her child if need be. You also signed the same forms saying you fully understood your responsibilty if you were put into the situation of caring for her child. The military is not connected in any way with any of the rights an American citizen is granted. We have our own rules and code of conduct to live by. Go to court and get full legal custody and maybe you will have a case for what you are asking for, other than that you just need to deal with the responsibility.

Answer 3

Service memebers dont get FMLA there are however other programs for hardship re assignment etc...call Army relief and set up an appt and they will tell her/you how to proceed....if u become the legal guardian of the child however, that changes things....then u may or may not qualify.

Answer 4

The relatives go away Act has to do with scientific themes, no longer "improving your loved ones". And it fairly is a federal regulation, no longer a state regulation. it fairly is actual referred to as the relatives scientific go away Act. It components for 12 weeks unpaid day off from artwork via a scientific ailment or condition and ensures you will nevertheless have your job whilst the 12 weeks is up. Maternity go away falls decrease than the FMLA. in case you have a ill newborn or parent, and you may take off artwork to shelter them, that falls decrease than the FMLA. in case you your self are sick and desire day off artwork via ailment, the FMLA applies to that too. It does no longer practice to leaving your job for yet another one, no longer getting the recent job, and wanting your old job back. i do no longer understand who advised you that, yet they do no longer understand what they're talking approximately.

Answer 5

FMLA does not apply to military personnel.

you would not qualify because FMLA is meant to provde a resource to take care fo terminally ill or sick family members, not so that you can stay home and babysit.