Does the FMLA cover military caregiver leave?
Yes, the FMLA covers military caregiver leave in California. The Federal Military Caregiver Leave Program (FMLA) permits eligible employees to take up to 26 weeks of unpaid leave in a 12-month period to provide care for a family member who is a veteran with a serious injury or illness. This leave is available to family members of service members, including a spouse, son, daughter, parent or next of kin, who are recovering from an injury or illness suffered in the line of duty while serving on active duty. California has also adopted a separate leave law, the California Military Family Leave Act (CMFLA), that grants protected leave to employees who are the spouse, parent, registered domestic partner, child, or grandparent of an active duty member of the United States military. This law has unique provisions that grant additional job protection and other benefits, such as a right to reinstatement after taking leave for military family caregiver purposes. Together, the FMLA and CMFLA provide important job-protected leave that allows employees to care for a family member who is a service member with a serious injury or illness. Employees should contact their employer to find out more about their rights and eligibility to take leave under these laws.
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