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Military FMLA Leave

Military FMLA Leave

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Military FMLA Leave

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  1. Military FMLA Leave Issues Arising from a Call to Active Duty • Sample comprised of 371 randomly selected HR professionals. • Analyzing 371 responses of 2,992 emails sent, 2,788 emails were received (response rate = 14%). • Survey fielded March 11 – March 21, 2008; presentation generated on March 24, 2008. • Margin of error is +/- 5%

  2. Introduction • The National Defense Authorization Act (P.L. 110-181) expanded the Family and Medical Leave Act (FMLA) to include a new use for leave:Issues Arising from a Call to Active Duty This provision allows employees to take FMLA leave “because of any qualifying exigency (as the Secretary of Labor shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.”

  3. Are there employees at your organization Note: HR professionals who responded “not sure” were excluded from this analysis.

  4. What types of issues related to a family member’s call to active duty have employees sought leave for? n = 80 Note: HR professionals who responded “N/A – no leave have been sought by employees related to family member’s call to active duty” were excluded from this analysis. Percentages do not total 100% due to multiple response options.

  5. In your opinion, should the following events be considered to fall within the definition of “qualifying exigency” for military FMLA leave? Note: HR professionals who responded “not sure” were excluded from this analysis.

  6. In your opinion, should the following events, that may also impact the general workforce, be given special consideration for employees who have a member of their family in active duty and therefore fall under the “qualifying exigency” clause of the military FMLA leave? Note: HR professionals who responded “not sure” were excluded from this analysis.

  7. To what degree do you agree or disagree that: n = 360 Issues limited to non-medical exigencies should be covered under the military FMLA leave option since the existing FMLA covers medical leave

  8. To what degree do you agree or disagree that: n = 366 The Department of Labor should create a list of qualified exigencies covered under the military FMLA Note: Percentages do not total 100% due to rounding.

  9. To what degree do you agree or disagree that the definition of a “qualifying exigency” for military FMLA leave: n = 350 Be of a one-time nature

  10. To what degree do you agree or disagree that the definition of a “qualifying exigency” for military FMLA leave: n = 353 Be Urgent Note: Percentages do not total 100% due to rounding.

  11. To what degree do you agree or disagree that the definition of a “qualifying exigency” for military FMLA leave: Have some connection to demonstrate that the exigency arises out of service member’s active duty status n = 365 Note: Percentages do not total 100% due to rounding.