NY Paid Family Leave for Military Exigencies

How Does Military Leave Work?

Paid Family Leave for Military leave is for eligible employees who have to attend to family matters due to their family member’s “qualifying military event.” Under PFL, qualifying military events occur when a spouse, domestic partner, child, or parent is:

• On active duty
• Called to active duty status
• Notified of an impending call to active duty

• Deployment with the Armed Forces to a foreign country or,
• Placement under a call or order to active duty during situations like national emergencies.

Covered Activities For Military Leave

Because it can be challenging to determine which types of activities are covered by PFL, here are typical use-cases and what they include:

• Deployments with notice of 7 days or less: This allows families time to make arrangements for their family if the service member is called to leave on short notice.
• Financial and legal arrangements: When service members are deployed, or called to deployment, this qualifying event allows families to make arrangements regarding power of attorney, enrolling in the Defense Enrollment Eligibility Reporting System (DEERS), obtaining military identification cards, and any other activities that allow an immediate family member to act as the service member’s representative while they are deployed.
• Counseling: Paid Family Leave can be used for family members to receive professional treatment (provided by a mental health specialist, as opposed to a general practitioner) for the psychological stress that often accompanies active duty deployment.
• Military events and related activities: Attending military-related ceremonies, family support programs, and/or informational briefings about deployment are all considered qualifying events under PFL.
• Childcare and school activities: PFL provides time off to attend to additional or urgent childcare needs due to a deployment notice, whether that’s school enrollment, transferring, or attending day care meetings and care planning activities.
  
  

  It does not cover taking leave to perform ongoing every-day childcare (i.e., becoming the primary caregiver during the deployment) or routine school events (such as parties or plays).
  
  The employee taking paid family leave does not need to be directly related to the military member’s child – children of the employee’s spouse, child, and parent called to/on active duty qualify.

• Parental care: In much the same way PFL allows time to make care arrangements for children, caring for a service member’s parent(s) is also covered. For example, if a service member’s parent needs non-routine or emergency care, or needs to be transferred to an assisted living facility, it would be covered. Additional care activities like attending a hospice meeting or facility tour will also be considered qualifying for a military leave event.
  
  

  The employee taking paid family leave does not need to be directly related to the military member’s parent – parents of the employee’s spouse, child, and parent called to/on active duty qualify.

• Rest and Recuperation: When a service member has been put on “Rest and Recuperation leave,” during covered active duty, his or her family members may use PFL to spend time with them. The R&R duration is limited to 15 days per occurrence of your available PFL time.
• Post-deployment activities: For 90 days after a service member returns home from deployment, PFL will cover activities such as arrival ceremonies, reintegration briefings/events, and other official military ceremonies or programs. In the case of the death of the family member, PFL would cover all of the time needed to make arrangements for the family and funeral ceremonies.
• Additional service related activities: Employers have the ability to accept other qualifying leave events related to military service, depending on the timing and duration of the leave. If you don’t see your specific need listed above, check with your employer and they will be able to assist.