Does the FMLA cover military caregiver leave?

Yes, the Family and Medical Leave Act (FMLA) does cover military caregiver leave in Washington. Under the law, eligible employees are allowed to take up to 26 weeks of unpaid, job-protected leave during a 12 month period to care for a covered service member with a serious injury or illness. This applies to those who have an immediate family member (spouse, child, parent) serving in the military, or a “next of kin” (which is often defined as someone who can make healthcare decisions on behalf of the service member). To be eligible, the service member must be a current member of the Armed Forces, National Guard, or Reserves, and must have a serious injury or illness that occurred while on active duty and was incurred in the line of duty. Furthermore, the caregiver must have been employed by the same employer for at least 12 months, and must have worked at least 1,250 hours during the 12 month period prior to taking leave. In Washington, an eligible employee who takes military caregiver leave may also be able to take a combined period of 26 weeks for both military caregiver leave and other FMLA leave. Under the law, employees who take military caregiver leave have certain job protections, meaning that the employer must restore them to their same or an equivalent position when they return from leave. Overall, the Family and Medical Leave Act does cover military caregiver leave in Washington, allowing eligible employees to take up to 26 weeks of unpaid, job-protected leave during a 12 month period to care for a covered service member.

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Does the FMLA cover military caregiver leave?

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