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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 veteran must meet the definition of a "covered veteran" and have a qualifying serious injury or illness.

A covered veteran is an individual:

  • who was a member of the Armed Forces (including the National Guard or Reserves); and
  • 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.

In the case of a covered veteran, a serious injury or illness means an injury or illness that was incurred by the veteran in the line of duty on active duty in the Armed Forces or that resulted from the aggravation of a preexisting condition by service in the line of duty on active duty; that manifested itself before or after becoming a veteran; and is either:

  • a continuation of a serious injury or illness that was incurred or aggravated when the veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank, or rating; or
  • a physical or mental condition for which he or she has received a U.S. Department of Veterans Affairs Service-Related Disability Rating (VASRD) of 50 percent or greater, and such VASRD rating is based, in whole or in part, on the condition causing the need for military caregiver leave; or
  • a physical or mental condition that substantially impairs the veteran’s ability to work because of a disability or disabilities related to military service, or would do so absent treatment; or
  • an injury that is the basis for the covered veteran’s enrollment in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

Any one of these definitions meets the FMLA’s definition of a "serious injury or illness" for a covered veteran.

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.