Skip to Main Content

Family and Medical Leave Act Advisor

Military Caregiver Leave - Relationship to the Covered Servicemember

§ 825.127

Based on your selections, the current servicemember or veteran is considered a “covered servicemember” for FMLA military caregiver leave purposes.

  • For a current member, this means, in summary, that he or she is undergoing medical treatment, recuperation, or therapy, is in outpatient status, or is on the temporary disability retired list for a serious injury or illness.
  • For a veteran, this means, in summary, that he or she was discharged under conditions other than dishonorable within the five-year period preceding the start of FMLA leave and is undergoing treatment, recuperation, or therapy for a serious injury or illness.

In order to care for a covered servicemember, an eligible employee must be the spouse, son, daughter, parent, or next of kin of the covered servicemember.

Select one of the following for more information:

Note: The definition of son or daughter includes individuals for whom the employee stood or is standing “in loco parentis”. The definition of parent includes individuals who stood “in loco parentis” to the employee. Please use the links above to learn more about these FMLA definitions.

Is the employee the spouse, son, daughter, parent, or next of kin of the covered servicemember?

Return to Military Family Leave Introduction.