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- Family and Medical Leave Act Advisor

Military Caregiver Leave - Veteran of the Armed Forces

§ 825.127

You indicated the employee is seeking leave within the five-year period after the veteran was discharged or released from the Armed Forces, including the National Guard or Reserves, under conditions other than dishonorable.

In order for an eligible employee to take military caregiver leave to care for a covered veteran, the veteran must have a "serious injury or illness."

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 services, 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.

Does the covered veteran have a "serious injury or illness"?

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