Governing Labor Law for Active Duty

[AsicsShoes]

What is the name of your state (only U.S. law)? California

Call it a failure of Google. I've train in vain to figure out what the governing labor and employment law is for those commissioned as active duty officers in the military is, but am stymied by search results relating to civilian jobs and FMLA and USERRA requirements.

My spouse is active duty, and we are having a baby. Her command tells her that federal law (specifically the FMLA) does not apply to her, and as such, the US Military has no requirements with respect to minimum maternity leave. Can this be correct? And if so, are active duty officers governed by ANY codified law?

I would think federal law is applicable here, and thus she is entitled to 12 weeks of non-discretionary maternity leave. Am I wrong?

 

[Shadowbunny]

What is the name of your state (only U.S. law)? California

Call it a failure of Google. I've train in vain to figure out what the governing labor and employment law is for those commissioned as active duty officers in the military is, but am stymied by search results relating to civilian jobs and FMLA and USERRA requirements.

My spouse is active duty, and we are having a baby. Her command tells her that federal law (specifically the FMLA) does not apply to her, and as such, the US Military has no requirements with respect to minimum maternity leave. Can this be correct? And if so, are active duty officers governed by ANY codified law?

I would think federal law is applicable here, and thus she is entitled to 12 weeks of non-discretionary maternity leave. Am I wrong?

What branch is your wife in? Because each branch may treat maternity leave differently. Army Reg 135-91 says maternity leave is 6 weeks unless a doctor prescribes further convalescent leave. She can check with her S-1 for details.

 

[justalayman]

I cannot find what leave she would be entitled to but whatever it is, it is not governed by FMLA. The military has their own rules regarding leave and that is what is applicable.

 

[AsicsShoes]

What branch is your wife in? Because each branch may treat maternity leave differently. Army Reg 135-91 says maternity leave is 6 weeks unless a doctor prescribes further convalescent leave. She can check with her S-1 for details.

Really helpful. And insane. 6 weeks?

Thank you to both of you for your responses. Generally, is there any unified governing document with respect to active duty labor law? It feels like every time we need to look to regulations. they're scattered to the wind in 19 different publications.

ETA: Waitaminute...this Air Force instruction seems to suggest otherwise:

http://www.af.mil/shared/media/epubs/AFI36-815.pdf

See Chapter 10 - FMLA

For the defined term "employee", it appears the term is defined in this:

http://www.law.cornell.edu/uscode/html/uscode05/usc_sec_05_00006301----000-.html

None of which seems to exclude members of active duty military. Am I missing something?

 

[AsicsShoes]

I answered my own question.

There is apparently a difference between an Employee (re: a civilian contractor) and a Member (re: an active duty full-time).

 

[Stephen1]

I answered my own question.

There is apparently a difference between an Employee (re: a civilian contractor) and a Member (re: an active duty full-time).

Just a comment, an employee of a military department is a civilian but (s)he would be a civil service employee. A contractor is not an employee.