Can an employee take leave to care for an injured veteran?


Issue:

An employee’s son needs surgery due to an injury he sustained while serving in Iraq. The employee wants to take 14 weeks of family and medical leave to care for him while he recuperates from the surgery and undergoes physical therapy. The employee is otherwise eligible for leave under the Family and Medical Leave Act (FMLA), but it has been three years since her son was discharged from the military. Must you grant the employee’s request for leave?

Answer:    

Yes. While the answer would have been different just last month, the military leave provisions of the FMLA were expanded on October 28, 2009. Previously, the FMLA provided 26 workweeks of unpaid leave during a single 12-month period to an eligible employee to care for an ill or injured servicemember who was the employee’s spouse, son, daughter, parent or next of kin. That leave was limited to families of current servicemembers. Now, the law includes leave for family members who care for a veteran undergoing medical treatment, recuperation, or therapy for a serious injury or illness for up to five years after a veteran leaves service.

Source: FMLA, Section 101(15) as amended by Section 565 of the National Defense Authorization Act for FY 2010, P.L. 111-84.

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