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 fnd 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 difcult 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, frst added to the FMLA in 2008, aford
FMLA protections specific to the needs of military families.

This guide provides you a simple overview of how the FMLA may beneft 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 frst 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 fight 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 covered by the FMLA

Your employer is not covered by
the FMLA and does not have to AND

ofer FMLA leave 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 AND
You are not eligible for FMLA leave
Your employer has 50 or more employees
NO 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 notifed 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 diferent day care
arrangements for the military member’s children or attending ofcial
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 Your parent

(Eligible Employee)

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
notifed 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

YES NO

STEP 2 STOP
The military member must be on NOT ON COVERED
You are not able
ACTIVE DUTY
“covered active duty” to take FMLA leave
for a qualifying
COVERED ACTIVE DUTY
exigency

STEP 3
NOT YOUR
The military member must be your SPOUSE, PARENT
spouse, parent, son or daughter 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 fnancial and legal arrangements arising from the

military member’s covered active duty. This could include preparing and
executing fnancial and healthcare powers of attorney, enrolling in the
Defense Enrollment Eligibility Reporting System (DEERS), obtaining military
identifcation cards, or acting as the military member’s representative in
arranging for military service benefts.

■ 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 ofcial
military ceremonies, military programs, family support programs, and/or
informational briefngs 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 ffteen 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 Military Member

YOUR SPOUSE, on covered
(Eligible Employee) PARENT OR CHILD
active duty

NO SON OR
RELATIONSHIP DAUGHTER
NECESSARY

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 briefngs and events, and other
ofcial 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 staf.

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

Military Member
You YOUR SPOUSE, on covered
(Eligible Employee) PARENT OR CHILD
active duty

NO
PARENT
RELATIONSHIP
NECESSARY

Parent

8 The Employee’s Guide to Military Family Leave

What are the certifcation 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 ofcial
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
verifcation 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 confrmation with counselor or
school ofcial, copy of bill for legal or fnancial 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 confrm 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) frst cousins

10 The Employee’s Guide to Military Family Leave

Qualifying Family Relationship Under Military Caregiver Leave
You are the
Servicemember’s... In this order:
1. One blood relative
Spouse designated in writing **

IF NONE

2. All blood relatives

Parent with legal custody
Covered
Servicemember
IF NONE

Son or 3. All brothers and

Daughter sisters
IF NONE

4. All grandparents
Next of Kin
IF NONE

5. All aunts and uncles

IF NONE

6. All frst 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 unft to perform the duties of his or her ofce,
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
STOP
You must work
You are not able
for a covered
to take FMLA
employer AND
military caregiver
you must be an NO leave
eligible employee
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 STOP
spouse, parent, You are not able
child or next to take FMLA
of kin of the military caregiver
NO
servicemember leave
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 efective 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 fve-year period before you frst 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 fve-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 fve
years of the veteran’s discharge, the 12-month period may extend beyond the
fve-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 ofce,
grade, rank, or rating; or

■ a physical or mental condition for which the veteran has received a

Department of Veterans Afairs 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 Afairs Program of Comprehensive Assistance for Family Caregivers.

Any one of these defnitions meets the FMLA’s defnition 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
frst day you take leave for this reason and ends 12 months later, regardless of the 12-
month 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 diferent 12-month period, to care for that same family member
when he or she becomes a veteran, even if he or she continues to sufer from the
same serious injury or illness.

You may take an additional 26 weeks of leave in a diferent 12-month period to care
for the same servicemember if he or she subsequently has a diferent 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 diferent 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
STOP
You must work
You are not able
for a covered
to take FMLA
employer AND NO
military caregiver
you must be an
leave
eligible employee
Please see pg. 2

YES

STEP 2
The servicemember must be a veteran discharged within the fve year period
before you frst 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 NO

STEP 3
You must be the STOP
spouse, parent, You are not able
child or next of NO to take FMLA
kin of the veteran military caregiver
leave
Please see pg. 10

YES

STEP 4
You may take
FMLA military
caregiver leave

16 The Employee’s Guide to Military Family Leave

What are the certifcation requirements for military caregiver leave?

If you request military caregiver leave, your employer can require that you
provide certifcation supporting your leave request that includes:

1) contact information for the authorized health care provider completing the
certifcation, the type of medical practice or specialty, and afliation 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 sufcient 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 certifcation for the time specifed
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 certifcation 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-afliated health care provider. An employer may request a
second and third opinion of a covered servicemember’s serious injury or illness only when
a certifcation is provided by a non-military-afliated health care provider. Recertifcation
is not permitted for a certifcation for military caregiver leave.

The Employee’s Guide to Military Family Leave 17

The FMLA Leave Process
This fowchart 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. STEP 3
You must
PLEASE REFERENCE “THE EMPLOYEE’S GUIDE TO THE FAMILY provide sufcient
AND MEDICAL LEAVE ACT” FOR GENERAL INFORMATION information to
ABOUT TAKING FMLA LEAVE. your employer to
certify your need
CERTIFICATION for leave within
REQUESTED 15 calendar days
Your employer
must provide
you with your
FMLA rights &
responsibilities,
as well as any
request for
certifcation
CERTIFICATION
NOT
REQUESTED

START HERE ELIGIBLE

→

STEP 1 STEP 2 STOP

You must notify Your employer You are not able
your employer must notify you to take FMLA
when you know whether you are Military Leave
you need leave eligible for FMLA NOT
(You may request
ELIGIBLE
leave within leave again in the
5 business days future. Employee
eligibility can
change.)

18 The Employee’s Guide to Military Family Leave

Qualifying Exigency Leave Military Caregiver Leave

Please see pg. 9 for qualifying exigency Please see pg. 17 for military caregiver
certifcation certifcation

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

STEP 4 STEP 5 STEP 6

Your employer Your FMLA When you return
must notify you Military Leave is to work, your
whether your protected employer must
leave has been (There are employee return you to your
designated as DESIGNATED responsibilities same or nearly
FMLA within 5 while out on identical job
business days FMLA leave.)

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 of 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, efort, responsibility and authority;

■ ofer identical pay, including equivalent premium pay, overtime and

bonus opportunities;

■ ofer identical benefts (such as life insurance, health insurance, disability

insurance, sick leave, vacation, educational benefts, pensions, etc.); and

■ ofer 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 ofce nearest you for assistance. There are over 200 WHD ofces
throughout the country stafed with trained professionals to help you.

The information below is useful when fling 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 diferent 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 fling 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 ofce 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