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already on covered active duty may take up to twelve (12) weeks of leave for reasons <br />related to or affected by the family member's call-up or service. <br />The qualifying exigency must be one of the following: <br />1. Short -notice deployment <br />2. Military events and activities <br />3. Childcare and school activities <br />4. Financial and legal arrangements <br />5. Counseling <br />6. Rest and recuperation <br />7. Post -deployment activities <br />8. Parental care <br />9. Additional activities that arise out of active duty, provided that the employer and <br />employee agree, including agreement on timing and duration of the leave. <br />Military Caregiver Leave <br />An employee eligible for FMLA leave (described above) who is the spouse, son, daughter, <br />parent, or next of kin of a covered servicemember may take up to 26 weeks in a single 12- <br />month period to care for that servicemember. <br />The family member must be a current member of the Armed Forces (including a member <br />of the National Guard or Reserves), who has a serious injury or illness incurred in the line <br />of duty on active duty for which he or she is undergoing medical treatment, recuperation, <br />or therapy, or otherwise is on 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 <br />the Armed Forces, former members of the National Guard and Reserves, and members on <br />the permanent disability retired list. <br />Definitions <br />Son/Daughter of a covered servicemember -- The biological, adopted, or foster child, <br />stepchild, legal ward, or a child for whom the covered servicemember stood in loco <br />parentis, and who is of any age. <br />Parent of a covered servicemember -- The biological, adoptive, step, or foster father or <br />mother, or any other individual who stood in loco parentisto the covered servicemember. <br />This term does not include parents "in law." <br />Next of kin of a covered servicemember -- Is the nearest blood relative, other than the <br />covered servicemember's spouse, parent, son, or daughter, in the following order of <br />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 <br />Page 36181 <br />Page 190 of 447 <br />