Laserfiche WebLink
The family member must be a current member of the Armed Forces (including a member of the <br />National Guard or Reserves), who has a serious injury or illness incurred in the line of duty on active <br />dun� for which he or she is undergoing medical treatment, recuperation, or therapy, or otherwise is on <br />outpatient status or on the temporary disability retired list. <br />Eligible employees may not take leave under this provision to care for former members of the Armed <br />Forces, former members of the National Guard and Reserves, and members on the permanent disability <br />retired list. <br />Definitions <br />Son/Daughter of a covered servicemember =- The biological, adopted, or foster child, stepchild, legal <br />ward, or a child for whom the covered servicemember stood in locoparenti.r, and who is of any age. <br />Parent of a covered servicemember =- The biological, adoptive, step, or foster father or mother, or any <br />other individual who stood in locoparenti.r to the covered servicemember. This term does not include <br />parents "in law." <br />Next of kin of a covered servicemember _- Is the nearest blood relative, other than the covered <br />servicemember's spouse, parent, son, or daughter, in the follo��ing order of priority: blood relatives who <br />have been granted legal custody of the servicemember by court decree or statutory provisions, brothers <br />and sisters, grandparents, aunts and uncles, and first cousins, unless the covered senricemember has <br />specifically designated in writing another blood relative as his or her nearest blood relative for purposes <br />of military caregiver leave under the FML,A. <br />When no such designation is made, and there are multiple family members with the same level of <br />relationship to the covered servicemember, all such family members shall be considered the covered <br />servicemember's next of kin and may take FMLA leave to provide care to the covered servicemember, <br />either consecutively or simultaneously. When such designation has been made, the designated individual <br />shall be deemed to be the covered senricemember's only next of l�in. An employer is permitted to require <br />an employee to pro�ride confirmation of covered family relationship to the covered servicemember <br />pursuant to � 825.122(j). <br />Covered active dut� Re�ular Com�onent of the Armed Forces =- Duty during deployment of the <br />member with the Armed Forces to a foreign country. <br />Covered active dut� Reserve Com�onents of the Armed Forces =- Duty during deployment of the <br />member with the Armed Forces to a foreign country under a call or order to active duty in a contingency <br />operation as defined in section 101(a) (13) (B) of title 10, United States Code. <br />Co�=ered servicemember =- A member of the Armed Forces (including National Guard or Reserves) who <br />is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is <br />otherwise on the temporary disability retired list, for a serious injury or illness; or a veteran who is <br />undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a <br />member of the Armed Forces (including a member of the National Guard or Reserves) at any time <br />during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, <br />recuperation, or therapy. <br />Serious injury or illness =- A member of the Armed Forces (including National Guard or Reserves), with <br />an injury or illness incurred in the line of duty on active duty (or e�isted before the beginning of the <br />member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) <br />and that may render the member medically unfit to perform the duties of the member's office, grade, <br />rank, or rating; and <br />Page 29�66 <br />