In addition to the covered servicemember’s spouse, parent, or son or daughter, the covered servicemember’s next of kin may be eligible to take military caregiver leave under the FMLA.

The next of kin of a covered servicemember is the nearest blood relative, other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority:

• a blood relative who has been designated in writing by the servicemember as the next of kin for FMLA purposes
• blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions
• brothers and sisters
• grandparents
• aunts and uncles
• first cousins

When the servicemember designates in writing a blood relative as next of kin for FMLA purposes, that individual is deemed to be the servicemember’s only FMLA next of kin. When the servicemember has not designated in writing a next of kin for FMLA purposes, and there are multiple family members with the same level of relationship to the servicemember, all such family members will be considered the servicemember’s next of kin and may take FMLA leave to provide care to the servicemember, either consecutively or simultaneously.

• For example, if a covered servicemember has three siblings and has not designated a blood relative to provide care, all three siblings would be considered the servicemember’s next of kin.
• On the other hand, if a covered servicemember has one or more siblings and designates a cousin as his or her next of kin for FMLA military caregiver leave purposes, then only that cousin is eligible as the covered servicemember’s next of kin.

An employer is permitted to require an eligible employee to provide confirmation of covered family relationship to the covered servicemember. (See Confirmation of Relationship.)

Return to Military Caregiver Leave – Relationship to the Covered Servicemember.