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- Family and Medical Leave Act Advisor

Military Caregiver Leave

§ 825.127

Based on your selections, the military caregiver leave provisions of the FMLA would not apply.

To qualify for military caregiver leave, the servicemember must be a "covered servicemember."

A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, and is either:

  • undergoing medical treatment, recuperation, or therapy for a serious injury or illness; or
  • otherwise in outpatient status for a serious injury or illness; or
  • otherwise on the temporary disability retired list for a serious injury or illness.

A serious injury or illness for a current servicemember is one that:

  • was incurred by the member in the line of duty on active duty in the Armed Forces or that existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces; and
  • that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.

Return to Military Family Leave Introduction to learn more about the other military leave provisions of the FMLA.

Please contact your nearest Wage and Hour Division office if you have additional questions concerning the applicability of military caregiver leave.