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10.2. SR 09-02-2014
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10.2. SR 09-02-2014
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8/29/2014 11:17:27 AM
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9/2/2014
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treatment, recuperation, or therapy, or otherwise in outpatient status, or otherwise on the <br /> temporary disability retired list. <br /> Eligible employees may not take leave under this provision to care for former members of <br /> the Armed Forces, former members of the National Guard and Reserves, and members on <br /> the permanent disability retired list. <br /> Definitions <br /> A--�Sson/--odDaughter of a covered servicemember ineans the-�� <br /> ember' The biological, adopted, or foster child, stepchild, legal ward, or a child <br /> for whom the covered servicemember stood in loco parentis, and who is of any age. <br /> A:�pParent of a covered servicemember - " ineans a eovefed sefvieemember-' sThe <br /> biological, adoptive, step or foster father or mother, or any other individual who stood in <br /> loco parentis to the covered servicemember. This term does not include parents "in law." <br /> "Nnext of kin of a covered servicemember - "I-is the nearest blood relative, other <br /> than the covered servicemember'-s spouse, parent, son, or daughter, in the following order <br /> of priority: blood relatives who have been granted legal custody of the servicemember by <br /> court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, <br /> and first cousins, unless the covered servicemember has specifically designated in writing <br /> another blood relative as his or her nearest blood relative for purposes of military caregiver <br /> leave under the FMLA. <br /> When no such designation is made, and there are multiple family members with the same <br /> level of relationship to the covered servicemember, all such family members shall be <br /> considered the covered servicemember'-s next of kin and may take FMLA leave to provide <br /> care to the covered servicemember, either consecutively or simultaneously. When such <br /> designation has been made, the designated individual shall be deemed to be the covered <br /> servicemember's only next of kin. For example, if a covered servicemember has three <br /> siblings and has not designated a blood relative to provide care, all three siblings would be <br /> considered the covered servicemember'—s next of kin. Alternatively, where a covered <br /> servicemember has a sibling(s) and designates a cousin as his or her next of kin for FMLA <br /> purposes, then only the designated cousin is eligible as the covered servicemember'-s next <br /> of kin. An employer is permitted to require an employee to provide confirmation of <br /> covered family relationship to the covered servicemember pursuant to § 825.122(i). <br /> "Covered aetiv " me <br /> "Covered active duty",-for-members e f rRegular c-Component of the Armed Forces - <br /> meansdDuty during deployment of the member with the Armed Forces to a foreign <br /> country. <br /> 20 <br />
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