HR Management & Compliance

Two 26-Week FMLA Leaves Back to Back? Seriously?

In yesterday’s Advisor, we covered the tricky questions around certification for FMLA military caregiver leave. Today, doubling up on military caregiver leave, and an introduction to the best-selling “FMLA Bible.

May an employee take back-to-back military caregiver leave for more than one seriously injured or ill servicemember?

Yes. By regulation, military caregiver leave is a “per-servicemember, per-injury” entitlement. Accordingly, an eligible employee may take 26 workweeks of leave to care for one covered servicemember in a “single 12-month period,” and then take another 26 workweeks of leave in a different “single 12-month period” to care for another covered servicemember. (And, conceivably, those two leaves could be essentially back to back.)

Can an employee take leave to care for two seriously injured or ill servicemembers at the same time?

Yes. However, an eligible employee may not take more than 26 workweeks of leave during each “single 12-month period.”

Can an employee take additional military caregiver leave if a covered servicemember receives a serious injury or illness and then, at a later time, manifests a second serious injury or illness?

Yes. Again, the leave is a “per servicemember, per injury” entitlement. If a covered servicemember incurs a serious injury or illness and manifests a second serious injury or illness at a later time, an eligible employee would be entitled to an additional 26-workweek entitlement to care for the covered servicemember in a separate “single 12-month period.”

For example, an eligible employee may take military caregiver leave to care for a covered servicemember who has suffered a limb amputation in the line of duty on active duty; if that same servicemember manifests a brain injury a year later arising from the same incident, the employee would be eligible to take another 26 workweeks of military caregiver leave at that time.

However, the covered servicemember must still be a member of the Armed Forces, or the National Guard or Reserves, including those on the temporary disability retired list, and the second serious injury or illness must have been incurred in the line of duty on active duty.


FMLA changes—#1 hassle of 2011? BLRs compliance guide is ready to help now. Click here to find out more about the Family and Medical Leave Act Compliance Guide.


May an employee take back-to-back military caregiver leave for more than one seriously injured or ill servicemember?

Yes. By regulation, military caregiver leave is a “per-servicemember, per-injury” entitlement. Accordingly, an eligible employee may take 26 workweeks of leave to care for one covered servicemember in a “single 12-month period,” and then take another 26 workweeks of leave in a different “single 12-month period” to care for another covered servicemember. (And, conceivably, those two leaves could be essentially back to back.)

Can an employee take leave to care for two seriously injured or ill servicemembers at the same time?

Yes. However, an eligible employee may not take more than 26 workweeks of leave during each “single 12-month period.”

Can an employee take additional military caregiver leave if a covered servicemember receives a serious injury or illness and then, at a later time, manifests a second serious injury or illness?

Yes. Again, the leave is a “per servicemember, per injury” entitlement. If a covered servicemember incurs a serious injury or illness and manifests a second serious injury or illness at a later time, an eligible employee would be entitled to an additional 26-workweek entitlement to care for the covered servicemember in a separate “single 12-month period.”

For example, an eligible employee may take military caregiver leave to care for a covered servicemember who has suffered a limb amputation in the line of duty on active duty; if that same servicemember manifests a brain injury a year later arising from the same incident, the employee would be eligible to take another 26 workweeks of military caregiver leave at that time.

However, the covered servicemember must still be a member of the Armed Forces, or the National Guard or Reserves, including those on the temporary disability retired list, and the second serious injury or illness must have been incurred in the line of duty on active duty.


A whirlwind of changes has hit the FMLA—are you ready to comply? Order BLRs comprehensive guidebook and find out what you need to do. You’ll get expert FMLA guidance, forms, and concrete examples. Find out more.


The Family and Medical Leave Act Compliance Guide includes:

  • Leave law overview
  • All the new forms and advice on how to use them
  • Practical guidance on implementing all aspects of the new rules
  • Analysis of federal and state laws, what they require, and how they interact
  • Leave circumstances, coverage, and eligibility—for FMLA, ADA, workers’ comp, and military leave
  • Recordkeeping and reporting requirements
  • Reasonable accommodation
  • Sample policies and forms
  • Plus a quarterly newsletter and updates to make sure you stay in compliance as any changes come about

Get more information or order your copy of the Family and Medical Leave Act Compliance Guide.

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