Laserfiche WebLink
caregiver 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. An employer is permitted to require an employee to <br />provide confirmation of covered family relationship to the covered servicemember <br />pursuant to § 825.122(j). <br />Covered active duty, Regular Component of the Armed Forces -- Duty during deployment <br />of the member with the Armed Forces to a foreign country. <br />Covered active duty, Reserve Components of the Armed Forces -- Duty during deployment <br />of the member with the Armed Forces to a foreign country under a call or order to active <br />duty in a contingency operation as defined in section 101 (a)(1 3)(B) of Title 10, United <br />States Code. <br />Covered servicemember -- A member of the Armed Forces (including National Guard or <br />Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in <br />outpatient status, or is otherwise on the temporary disability retired list, for a serious <br />injury or illness; or a veteran who is undergoing medical treatment, recuperation, or <br />therapy, for a serious injury or illness and who was a member of the Armed Forces <br />(including a member of the National Guard or Reserves) at any time during the period of 5 <br />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 <br />Reserves), with an injury or illness incurred in the line of duty on active duty (or existed <br />before the beginning of the member's active duty and was aggravated by service in line of <br />duty on active duty in the Armed Forces) and that may render the member medically unfit <br />to perform the duties of the member's office, grade, rank, or rating; and <br />A veteran who was a member of the Armed Forces (including National Guard or Reserves) <br />at any time during a period when the person was a covered servicemember, means a <br />qualifying (as defined by the Secretary of Labor) injury or illness incurred by a covered <br />servicemember in the line of duty on active duty that may render the servicemember <br />medically unfit to perform the duties of his or her office, grade, rank, or rating. <br />Outpatient status, with respect to a covered servicemember, means the status of a <br />member of the Armed Forces assigned to either a military medical treatment facility as an <br />outpatient; or a unit established for the purpose of providing command and control of <br />members of the Armed Forces receiving medical care as outpatients. <br />Page 37181 <br />Page 191 of 447 <br />