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12 weeks? 26? 38? Counting time off when caregiver leave and FMLA overlap

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in Firing,FMLA Guidelines,Human Resources

The FMLA grants 12 weeks of unpaid leave to handle a serious medical condition. Military family caregiver leave rules provide for 26 weeks off. But what happens when an employee can invoke both, for example, when she must care for a wounded military spouse while she is pregnant?

According to the U.S. Department of Labor (DOL), employees are entitled to a combined total maximum of 26 workweeks of caregiver leave and leave for any other FMLA-qualifying reason in the same “single 12-month period.”

The National Defense Authorization Act (Public Law 110-181), enacted in 2008, expanded the FMLA to allow eligible employees to take two new categories of FMLA leave, one of which is military caregiver leave.

The law gives eligible employees a total of 26 workweeks of leave in a single 12-month period to care for a service member who is on the temporary disability retired list, has a serious injury or illness for which he o...(register to read more)

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