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What should we do when caregiver leave overlaps with family leave?

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in Firing,FMLA Guidelines,Human Resources

Q. One of our employees recently went on military caregiver leave to take care of her injured husband. She is also expected to give birth in the coming weeks. Is she entitled to 12 weeks of leave under the FMLA in addition to her 26 weeks of caregiver leave?

A.
No. The National Defense Authorization Act (NDAA), Public Law 110-181, expanded the FMLA to allow eligible employees to take two new categories of FMLA leave, one of which is military caregiver leave.

The new 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 or she is undergoing medical treatment, recuperation or therapy.

The U.S. Department of Labor (DOL) permits employees to take leave both to care for a service member and for another FMLA-qualifying reason, such as childbirth in the same 12-mon...(register to read more)

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