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Family and Medical Leave Act Advisor

Military Caregiver Leave

§ 825.127

Based on your selections, the employee would be entitled to take military caregiver leave under the FMLA.

An eligible employee is entitled to 26 workweeks of leave during a "single 12-month period" to care for a covered servicemember.

In the case of leave that qualifies as both leave to care for a covered servicemember (military caregiver leave) and leave to care for a family member with a serious health condition during the single 12-month period, the employer must designate such leave as leave to care for a covered servicemember. This leave may not be designated and counted as both leave to care for a covered servicemember and leave to care for a family member with a serious health condition.

Additionally, there are special limitations on the total number of weeks of leave that may apply to spouses working for the same employer.

Continue to Military Family Leave – Single 12-Month Period or Return to Military Family Leave Introduction.