doktorhladnjak t1_jdl9j46 wrote on March 25, 2023 at 5:39 AM

You can read the documentation from DOL on FMLA for what’s considered a military exigency where you can get PFML. Ongoing, routine care of your kids is not covered. When your spouse is inside the US, it’s also not covered. You also mention you’ve done this many times before. It maxes out at 12 weeks within the last 12 months.

A couple sections that seem relevant to your situation > For members of the Reserve components of the Armed Forces (members of the National Guard and Reserves), covered active duty is duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in 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. It also includes deployment to international waters.

> Certain childcare and related activities arising from the military member’s covered active duty, including 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.

theboz14 OP t1_jdlb1qf wrote on March 25, 2023 at 5:58 AM

You are also referring to someone who is active duty. They are always doing the military thing as thats their main job.

My wife works a civilian job monday to Friday and has her hours to be structured so she can take the kids to and from school. My job prevents me from doing that daily.

Yes, my wife being called to active duty is all PFML requires Reservist to be covered.

If you are active Military 24/7, then you must be overseas to be covered under PFML.

I also said I had PFML in 2001, and I had it 4 times for no more than 3 weeks at a time for when she went to California as her orders stated as such for training.

Also, in my denial letter, they stated I would be approved for 12 weeks and told me how much I would have received. Knowing how much you would get after you are denied is a little tough to take. Basically they are saying well you are denied, but hey if you weren't you would have recieved $1200( not the exact amount) per week for 12 weeks, oh well better luck next time, lol.

Also, the denial letter stated I was denied because I didn't meet the requirements for a severe medial issue, I never put in for a medical.

But, the thing is, even if they need to go overseas, She IS. She is just going to California for pre-deployment, because they need training prior to going overseas since she is just a weekend warrior and not full time Active Duty.

She is going to Africa for 7 dam months.

lagretel t1_jdocdeo wrote on March 25, 2023 at 10:33 PM

Does she not get paid when she's deployed? I would imagine that could pay for daycare.

theboz14 OP t1_jdohbqc wrote on March 25, 2023 at 11:10 PM

Yep, she is getting paid just like the last two times. I was approved for PFML when she went to New Mexico and to California, 3 weeks and 2 weeks. The problem with childcare is not paying for childcare. it's my work hours that prevent me from doing it every day. There are days when im 200 miles from home working someone's facility and staying there until the work is completed. I have worked 20 hours straight some days. I am a Milwright, or Maintenance Contractor, going to Amazons, UPS, Fedex, Ontrac, and other places all over the Puget Sound area.

Trying to find daycare for extended hours is not easy. We have one we use, and they offer extended daycare, and I will be using it when they go back to school after the summer. IWill be taking my kids to the daycare early in the morning and they will take them to school for me and picking them up from school and when I finish work, I will pick them up at daycare. I will also be working for 7 months of her deployment.

Regardless, I get $50 deducted from my paychecks per month for PFML, and I qualify to use it for 12 weeks, then im going to use it.