Family Medical Leave Act

Service member Family and Medical Leave

The federal Family and Medical Leave Act (FMLA) now entitles eligible employees to take leave for a covered family member's service in the armed forces (Service member FMLA). This policy supplements our FMLA policy and provides general notice of employee rights to such leave. Except as mentioned below, an employee's rights and obligations to Service member FMLA Leave are governed by our existing FMLA policy.

Leave Entitlement

Service member FMLA provides eligible employees unpaid leave for any one, or for a combination of the following reasons:

  • A qualifying exigency arising out of a covered family member's active duty or call to active duty in the Armed Forces in support of a contingency plan; and/or
  • To care for a covered family member who has incurred an injury or illness may render the family member medically unfit to perform duties of the members office, grade, rank or rating.

Duration of Service member FMLA

  • When Leave is Due to a qualifying Exigency: An eligible employee may take up to 12 workweeks of leave during any 12-month period.
  • When Leave is to Care for an Injured or Ill Service Member. An eligible employee may take up to 26 workweeks of leave during a single 12-month period to care for the service member. Leave to care for an injured or ill service member, when combined with other FMLA-qualifying leave, may not exceed 26 weeks in a single 12-month period.
  • Service member FMLA runs concurrent with other leave entitlements provided under federal, state and local law.

Leave under State Military Leave Laws

A growing number of states provide leave for family members of service members. The entitlements for such leave differ from state to state. Our policy is to comply with such laws in any circumstances where they apply to employees of Luther College.

If you have any questions regarding service member FMLA leave, please contact Marsha Wenthold, Associate Director of Human Resources at 563-387-1415.