- The definition of a “covered veteran” for purposes of FMLA military caregiver leave has been limited to those who were discharged or released under conditions other than dishonorable five or less years prior to the date the employee’s military caregiver leave is requested to begin.
-
The definition of a “serious injury or illness of a covered veteran” is now any of the following:
- A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank, or rating; OR
- A physical or mental condition for which the covered veteran has received a VA Service Related Disability Rating (VASRD) of 50 percent or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; OR
- A physical or mental condition that substantially impairs the veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment; OR
- An injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. There is a new medical certification form – WH-385-V – which has been created specifically for veteran care leave. It is also available for free on the DOL website, http://www.dol.gov/ on the FMLA Overview page under “Forms.”
- The list of acceptable health care providers who can complete a medical certification form relating to a request for military caregiver leave has been expanded to include all those who can complete such certifications for “regular” FMLA leave, as well as others who are affiliated with the Department of Defense, the Veterans’ Administration or TRICARE.
- The amount of time allowed for FMLA “qualifying exigency leave” specifically relating to a servicemember’s “Rest and Recuperation” leave (R&R) has been extended to 15 rather than 5 days.
- Another category of “qualifying exigency leave” has also been added for parental leave to care for the parent of a military member who is incapable of self-care when such care is necessitated by the military member’s covered active duty (i.e., the military member usually provides this care for his/her parent, but cannot due to his/her call to active duty).
- that “qualifying exigency leave” is available to family members of members of the Regular Armed Forces (not just the Reserves, retired military members and members of the National Guard who are called into active service);
- that qualifying exigency leave is only available if the military member is deployed to a foreign country; and
- that a “serious illness or injury” for purposes of military caregiver leave may be either incurred or aggravated in the line of active duty.