The Family and Medical Leave Act (FMLA) provides eligible employees with unpaid leave for specific reasons, including their own medical conditions and to care for family members who have medical needs. The leave comes with job protection as long as the conditions required for the leave are met.
Some people don’t realize that the FMLA has additional protections for people who are caring for a military member. This is known as military caregiver leave.
How does military caregiver leave differ from regular FMLA leave?
Regular FMLA leave provides up to 12 weeks of leave in a 12-month period. That time period is extended to up to 26 workweeks of leave in a 12-month period for military caregiver leave. The leave is limited to a one-time entitlement per servicemember and per injury. The person taking the leave must be a parent, child or spouse of the service member.
Military caregiver leave applies when a servicemember is undergoing medical care, treatment, recuperation or therapy while on active duty. Veterans also qualify for FMLA leave if the illness or injury is service-related or if an existing condition was aggravated by the military service. There are limited cases in which National Guard or Reserve servicemembers can qualify for this leave.
Employees must meet specific requirements for FMLA leave, and they have rights associated with this leave. Because of the specific criteria required for military caregiver leave, it’s best for employees who want to use this component of the FMLA to work with someone familiar with this aspect of the law.