Does the FMLA cover military caregiver leave?
Yes, the Family and Medical Leave Act (FMLA) covers military caregiver leave for those in Texas. The FMLA provides eligible employees up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. This includes military caregiver leave to care for a covered service member with a serious injury or illness. A covered service member is a current member of the Armed Forces, including the National Guard or Reserves, or a veteran within the five years preceding the start of the leave. In Texas, an eligible employee for FMLA purposes is someone who has worked at least 1250 hours in the 12 months preceding the leave and works at least 15 miles from the worksite employer. When taking military caregiver leave, the employee must provide the employer advanced notice, if practical, and medical certification from the health care provider of the covered service member. The FMLA also provides up to 26 weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness. This leave is available to a family member of the covered service member who is the spouse, child, parent, or next of kin. The same requirements apply as with the 12 weeks of leave. Military caregiver leave under the FMLA provides eligible employees time to care for a covered service member with a serious injury or illness while still having job protections and having the peace of mind of not losing their job.
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