Federal Military Caregiver Leave

The federal Family and Medical Leave Act (FMLA) includes a special leave entitlement permitting an eligible employee to take up to 26 weeks of leave in a 12-month period to care for a covered service member with a serious injury or illness, if they are the spouse, son, daughter, parent, or "next of kin" of the covered service member.

The 26 weeks of military caregiver leave under FMLA must be taken during a single 12-month period. An eligible employee is limited to a combined total of 26 workweeks of leave for all FMLA qualifying reaons during the single 12-month period. Up to 12 of the 26 weeks may be for an FMLA-qualifying reason other than military caregiver leave.

Military caregiver leave under FMLA may be taken by an eligible employee once per veteran, per serious injury or illness. An eligible employee may take an additional 26 weeks of leave in a different 12-month period to care for the same veteran if he or she has another serious injury or illness.

An eligible employee may also take military caregiver leave under FMLA to care for more than one covered service member with a serious injury or illness at the same time, but the employee is limited to a total of 26 weeks of military caregiver leave in the 12-month period.

The "next of kin" of a covered service member is the nearest blood relative, other than the covered service member's spouse, parent, son, or daughter, in the following order of priority:

1. Blood relative who has been designated in writing by the service member as their next of kin for FMLA purposes

2. Blood relative who has been granted legal custody of the service member

3. Brothers and sisters

4. Grandparents

5. Aunts and uncles

6. First cousins

A covered service member is:

(1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

(2) a covered veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.

Other Important Definitions/Requirements: The definition of "serious injury or illness" for the purposes of military caregiver leave under FMLA is the same as for typical FMLA leave.

Military Caregiver specifications