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- Family and Medical Leave Act Advisor

Military Caregiver Leave - Veteran of the Armed Forces

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You indicated the servicemember is a veteran of the Armed Forces, including the National Guard and Reserves.

To take military caregiver leave to care for a veteran, the veteran must meet the definition of a "covered veteran," which is a veteran who:

  • is undergoing medical treatment, recuperation or therapy for a serious injury or illness; and
  • was a member of the Armed Forces, including the National Guard or Reserves; and
  • 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 veteran.

NOTE: For a veteran who was discharged or released under conditions other than dishonorable prior to March 8, 2013, the period between October 28, 2009 and March 8, 2013 does not count towards the determination of the five-year period for "covered veteran" status.

For example, if a servicemember retired on October 28, 2007, on October 28, 2009 he or she would have had three years remaining of the five-year period. The family member requesting FMLA leave will have three years of eligibility to begin military caregiver leave starting on March 8, 2013. Likewise, if a servicemember was discharged on December 1, 2010, the five-year period will begin on March 8, 2013 and extend until March 8, 2018.

Is the employee seeking leave within the five-year period after the veteran was discharged or released?

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Select an option above or Return to Military Family Leave Introduction.