N. Leave to Care for a Covered Service Member

 (Military Caregiver Leave)

1. Eligible employees are entitled to FMLA leave to care for a covered servicemember with a serious illness or injury.
2. Covered service member means:
   1. A current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
   2. A covered veteran who is undergoing medical treatment, recuperation, or therapy for a 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 was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the employee takes leave to care for the covered veteran.
      1. An eligible employee must commence leave to care for a covered veteran within five years of the veteran’s active duty service, but the single 12-month period may extend beyond the five-year period.
      2. For an individual who was a member of the Armed Forces, including the National Guard or Reserves, and who was discharged or released prior to March 8, 2013, the period between October 28, 2009 and March 8, 2013 shall not count toward the determination of the five- year period for covered veteran status.
3. Serious injury or illness means:
   1. In the case of a current member of the Armed Forces, including a member of the National Guard or Reserves, an injury or illness that was incurred by the covered servicemember in the line of duty on active duty in the Armed Forces or that existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces and that may render the servicemember medically unfit to perform the duties of the member’s office, grade, rank, or rating; and,
   2. In the case of a covered veteran, an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran, and is:
      1. A continuation of a serious injury or illness that was incurred or aggravated when the covered 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,
      2. A physical or mental condition for which the covered veteran 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 precipitating the need for military caregiver leave; or,
      3. A physical or mental condition that substantially impairs the covered veteran's ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would do so absent treatment; or,
      4. An injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
4. In order to care for a covered servicemember, the employee must be the spouse, son, daughter, or parent, or next of kin of the covered servicemember.
5. An eligible employee is entitled to up to a total of 26 workweeks of leave to care for a covered servicemember with a serious injury or illness during a single 12-month period.
   1. The single 12-month period begins on the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends 12 months after that date. If an eligible employee does not take all of his or her 26 workweeks of leave entitlement to care for a covered servicemember during this single 12-month period, the remaining part of the 26 workweeks of leave entitlement is forfeited.
   2. The leave entitlement is on a per-covered-servicemember, per-injury basis such that an eligible employee may be entitled to take more than one period of 26 workweeks of leave if the leave is to care for different covered servicemembers or to care for the same servicemember with a subsequent serious injury or illness, except that no more than 26 workweeks of leave may be taken within any single 12-month period.
   3. An eligible employee is entitled to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during the single 12-month period. However, the employee is entitled to no more than 12 weeks of leave for one or more of the following:
      1. The birth of a son or daughter of the employee and to care for such son or daughter
      2. Placement of a son or daughter with the employee for adoption or foster care
      3. To care for the employee’s spouse, son, daughter, or parent with a serious health condition
      4. Because of the employee’s own serious health condition
      5. Because of a qualifying exigency
6. A husband and wife who are eligible for FMLA leave and are both employed by the State are limited to a combined total of 26 work weeks of leave during the single 12- month period described in Number 5 above if the leave is taken:
   1. For the birth of the employee’s son or daughter or to care for the child after birth
   2. For the placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement
   3. To care for the employee’s parent with a serious health condition
   4. To care for a covered servicemember with a serious injury or illness.
7. The employee must submit a complete and sufficient “Certification for Serious Injury or Illness of Covered Servicemember” form (U.S. Department of Labor Form WH-385) or Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (U.S. Department of Labor Form WH-385-V).