12 weeks? 26? 38? Counting time off when caregiver leave and FMLA overlap — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

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

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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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