Becoming a Caregiver
Family and Medical Leave Act (FMLA)
The National Defense Authorization Act for FYs 2008 and 2010 added protection for families of servicemembers under the Family and Medical Leave Act (FMLA) of 1993. One major provision is called Military Caregiver Leave, which allows up to 26 work weeks of leave (in a single 12-month period) to be taken by an eligible caregiver to care for a seriously injured, ill, or wounded servicemember within the first five years of the injury or illness. Employers with fewer than 50 workers are exempt by the law.
Employers might ask the employee to obtain a certification completed by the servicemembers' health care provider. The Department of Labor has developed a new optional form (WH-385) for employees’ use in obtaining certification that meets military caregiver leave certification requirements. This optional form reflects certification requirements so as to permit the employee to furnish appropriate information to support his or her request for leave to care for a covered servicemember with a serious injury or illness.
Visit the Department of Labor's site for more information.