FMLA Servicemember Leave. “Military-Caregiver” Leave”

This FMLA Update briefly reviews the second new type of FMLA leave offered to servicemembers and their families, Military-Caregiver Leave.

The two new FMLA leave types are designed to protect members of the Armed Forces and their families. Both types of leave enable a family member of a servicemember to take protected leave in two circumstances. The first, Active Duty Leave, was discussed in an earlier post. The second, is known as Military-Caregiver Leave. This new protection grants time off to the family member to care for a related servicemember who is ill or injured due to active duty.

• Employees may take an unprecedented 26 weeks of FMLA leave when a spouse, parent, child, or other blood relative for whom they are “next of kin” incurs a serious injury or illness on active duty in the Armed Forces.

• This 26 week total includes regular FMLA leave.

• Leave may be taken intermittently, but must be completed in a 12-month period.

• This is a one-time leave entitlement.

• “Next of kin” is an entirely new category of family member; it applies only to this specific type of leave.

• “Serious injury or illness” is much broader than the typical serious health condition; it applies only to this specific type of leave. Your speaker will provide a detailed definition.

• As with other FMLA leave, employers may require employees to take this type of leave concurrently with paid leave such as vacation, personal, or sick leave.

• Employers may require certification of servicemember’s health condition.

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