Family and Medical Leave Act


General

  • Kohl’s complies with the federal Family and Medical Leave Act of 1993, as amended ("FMLA") and applicable state statutes. In all cases, the federal FMLA and its regulations govern leave under this Policy. This Policy provides a general description of your FMLA rights. 
  • FMLA does not supersede any state or local laws that provide more significant benefits.
  • When administering FMLA, Kohl's and Kohl’s Third-Party Administrator will comply with all applicable laws.
  • Employment requiring similar activity or skills as your position is prohibited during approved FMLA. Failure to comply with this requirement may result in the termination of your employment.
  • At any time and without notice or amendment, Kohl's may delegate to a Third-Party Administrator all necessary administrative required functions and determinations under this Policy. Kohl’s reserves the right to change the designated Third-Party Administrators at any time, without notice or amendment.
  • FMLA will run concurrently for an approved leave of absence under worker's compensation when the illness or injury also meets the requirements of a serious health condition and where permitted by law. To report a work-related illness or injury, you should contact your location management.
  • All leave of absence information is confidential.

Eligibility

  • You are eligible for FMLA if you have:
    • Been employed with Kohl's for at least twelve (12) months. The twelve (12) months do not need to be consecutive. 
      • Kohl’s will not count employment before a continuous break in your service of seven (7) years or more. 
      • If your break in employment with Kohl’s is due to your fulfillment of military obligations or governed by other written agreements, it may be counted.
    • Worked at least 1,250 hours during the twelve (12) month period immediately preceding the start of your leave. Hours worked include hours spent on the job and do not include time spent on paid or unpaid leave or when you used Paid Time Off (PTO), Wellness Hours, or purchased vacation time.

Qualifying Uses

  • You may request FMLA for the following reasons: 
    • The birth of a child or placement of a child with you for adoption or foster care.
      • Where you are FMLA-eligible, FMLA runs concurrently with Kohl’s paid leave of absence for reasons related to your recovery from the birth of your child.
      • Leave of absence for this purpose is only available to the child’s parents.
      • The child being placed or adopted must be under eighteen (18) years old unless incapable of self-care due to a physical or mental disability.
    • To care for a family member who has a serious health condition.
    • Your serious health condition that makes it impossible for you to perform the essential functions of your job.
      • Where you are FMLA-eligible and to the extent permitted by law, FMLA runs concurrently with an approved Kohl’s paid leave of absence for reasons related to your serious health condition.
      • A serious health condition may include prenatal care or complications from pregnancy, and in these instances, FMLA can begin before the child's birth.
    • To care for a covered servicemember with a serious injury or illness.
      • Covered servicemember leave applies on a per covered servicemember, per injury basis.
      • Leave of absence for this purpose is available to the covered service member's spouse or domestic partner, child, parent or next of kin:
        • Unless the covered servicemember has specifically designated in writing another blood relative as their nearest blood relative;
        • When the covered servicemember has designated in writing a blood relative as their next of kin for purposes of protected servicemember leave under FMLA, the selected individual is deemed to be the covered servicemember's only next of kin; or
        • If there are multiple family members with the same level of relationship to the covered servicemember, all such family members are considered the covered servicemember's next of kin.
    • Due to a qualifying circumstance, when your qualified family member is on covered active duty or has been notified of an impending call or order to active duty.
      • A qualified family member includes a spouse or domestic partner, child or parent who is on covered active duty.
      • Covered active duty means:
        • Duty during the deployment as a member of the Regular Armed Forces to a foreign country; or
        • Duty during the deployment as a member of the Reserve components of the Armed Forces (National Guard and Reserves) to a foreign country under a call or order to active duty in support of a contingency operation.
      • State calls to active duty are not covered unless under an order of the President of the United States in support of a contingency operation.
      • Qualifying circumstances include the following events, which arise from the active duty or call to active duty status of the qualified family member:
        • Issues arising from the eligible family member's short-notice deployment (e.g., deployment on seven (7) or fewer days of notice) for seven (7) days from the date of notification;
        • Military events and related activities, such as official ceremonies, programs, or events sponsored by the military or family support or assistance programs, and informational briefings sponsored or promoted by the military, military service organizations or the American Red Cross;
        • Specific childcare and related activities arising from the active duty or call to active duty status of a qualified family member, such as arranging for alternative childcare, providing childcare on a non-routine, urgent, immediate need basis, enrolling or transferring a child in a new school or daycare facility and attending specific meetings at school or a daycare facility if they are necessary due to circumstances arising from the active duty or call to active duty of the qualified family member;
        • Making or updating financial and legal arrangements to address a qualified family member's absence or to act as the qualified family member's representative before a federal, state or local agency to obtain, arrange or appeal military service benefits while the qualified family member is on active duty or call to active duty status and for ninety (90) days following the termination of a qualified family member's active duty status;
        • Attending counseling provided by someone other than a health care provider for oneself, your qualified family member, or the child of your qualified family member, the need for which arises from the active duty or call to active duty status of the qualified family member;
        • Taking up to fifteen (15) days of leave to spend time with a qualified family member who is on short-term temporary, rest and recovery leave during deployment;
        • Attending to certain post-deployment activities, including attending arrival ceremonies, reintegration briefings and events and other official ceremonies or programs sponsored by the military for ninety (90) days following the termination of the qualified family member's active duty status and addressing issues arising from the death of a qualified family member;
        • To care for a military member’s parent who is incapable of self-care when the member’s covered active duty necessitates the care. Such care may include arranging for alternative care, providing care on an immediate need basis, admitting or transferring the parent to a care facility or attending meetings with staff at a care facility.
        • A parent who is incapable of self-care means that the parent requires active assistance or supervision to provide daily self-care in three (3) or more of the activities of daily living or instrumental activities of daily living. Activities of daily living include adaptive activities such as caring appropriately for one’s grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
        • Any other event that you and Kohl's agree is a qualifying circumstance.
 

Length of Leave

  • The length of FMLA depends on the reason for FMLA as follows:
    • Eligible Associates:
      • You may take up to twelve (12) workweeks of unpaid FMLA during a twelve (12) month period for any qualifying uses. 
      • The twelve (12) month period is defined as a rolling twelve (12) months measured backward one (1) year from the date you initially use FMLA. 
      • You may take up to twenty-six (26) workweeks of unpaid FMLA during a twelve (12) month period that begins the first day you take leave to care for a covered servicemember under certain conditions. FMLA for this purpose is not offered in addition to FMLA for other reasons. 
        • Example:You may take 20 weeks of FMLA to care for a covered servicemember and an additional 10 weeks of FMLA to care for a newborn child, but may not take 30 weeks to care for a newborn child.
    • Eligible Spouses -  Both Employed by Kohl's:
      • You may only take a combined total of:
        • Twelve (12) workweeks of leave during the twelve (12) month period if the leave is taken for the birth of your child or to care for your child after birth, for placement of a child with you for adoption or foster care to care for the child after placement, or to care for your parents with a serious health condition; or
          • Twenty-six (26) workweeks of leave during the twelve (12) month period to care for a covered servicemember.
  • Workweeks are defined as:
    • Full-Time Non-exempt Associate - Forty (40) hours.
    • Full-Time Exempt Associate - Forty-five (45) hours.
    • Part-Time Non-Exempt Associate - The average weekly hours worked during the twelve (12) months before the requested leave start date.
  • When a holiday falls within a week when you take a full workweek of FMLA, the holiday counts against your twelve (12) or twenty-six (26) week entitlement. If you are taking less than a full workweek of FMLA, the holiday counts against your FMLA entitlement if you are required to work on the holiday.
  • The time you spend in a voluntary light-duty position, the time you spend does not count against your FMLA entitlement. Your acceptance of a light-duty assignment does not constitute a waiver of your right to job restoration unless your twelve (12) week FMLA entitlement ended before the light-duty position began. 
    • Example: If you take 4 weeks of FMLA and voluntarily accept a light-duty assignment for 10 weeks, you retain job restoration at the end of the 10-week assignment.
 

Substituting Paid Leave

  • In addition to the ‘Length of Leave’ section, you may elect to substitute accrued Paid Time Off (PTO), Wellness Hours (if applicable), Paid Sick Time (PST) (if applicable), or purchased vacation time for any unpaid period of FMLA. Paid leave runs concurrently with FMLA. It does not extend the length of your approved leave of absence (e.g., if you elect to substitute a week of PTO, Wellness Hours (if applicable), PST or purchased vacation time, you use both one (1) week of PTO, Wellness Hours (if applicable), PST or purchased vacation time and one (1) week of unpaid FMLA).
    • If you are an eligible non-exempt associate, you may use no more than forty (40) PTO, Wellness Hours (if applicable), PST (if applicable) or purchased vacation time in a single week to substitute unpaid FMLA.
    • You may elect to substitute PTO that has not yet accrued subject to approval by the Human Resources manager or location management. You cannot borrow "ahead" from a subsequent fiscal or calendar year.
    • If you substitute PTO, Wellness Hours (if applicable), PST or purchased vacation time for the entire workweek, and a holiday that falls within a week in which you have elected to substitute PTO, Wellness Hours (if applicable), PST or purchased vacation time, it will be classified as a non-worked holiday instead of a PTO, Wellness Hours (if applicable), PST or purchased vacation time.
    • If you are also eligible for a paid leave of absence under a Kohl's company policy that runs concurrent with FMLA, you are not allowed to add PTO, Wellness Hours (if applicable), PST or purchased vacation time to your paid benefits even though FMLA runs concurrently with the paid leave. You may substitute PTO, Wellness Hours (if applicable), PST or purchased vacation time once the period of paid benefits ends.
  • You may be required to substitute a portion or all PTO, Wellness Hours (if applicable), PST or purchased vacation time available up to the beginning date of FMLA. If so, it will be included in the total period of incapacity indicated on your certification form. You must consult location management for administrative practices regarding required PTO, Wellness Hours (if applicable), PST or purchased vacation time. If you are on an approved state or local leave running concurrently with FMLA, you may not be required to substitute PTO, Wellness Hours (if applicable), PST or purchased vacation time during the state or local leave period, consistent with state or local law.
    • Human Resources must approve any request that differs from the location's administrative practice.
    • When using PTO, Wellness Hours (if applicable), PST or purchased vacation time to supplement your pay during your leave, all applicable Kohl’s policies and guidelines related to PTO, Wellness Hours (if applicable), PST and purchased vacation time also apply in conjunction with this Policy. 
  • The terms of this Policy apply to the substitution of PTO, Wellness Hours (if applicable), PST or purchased vacation time during any unpaid period of FMLA.

Types of FMLA

  • FMLA may be taken continuously, intermittently or, under certain circumstances, you may use the leave to reduce your workweek or workday, resulting in a reduced hour schedule.
    • Continuous: FMLA took in one continuous period of time off work for a single qualifying reason.
    • Intermittent: FMLA took in separate blocks of time for a single qualifying reason (e.g., time off to attend therapy appointments three (3) times per week for two (2) weeks, each appointment lasting one (1) hour).
    • Reduced Hours: FMLA means a lower number of work hours per day or workdays per week compared to your usual work schedule (e.g., working half days for two (2) weeks following surgery).
  • You must fulfill the following requirements to be eligible for intermittent or reduced-hour FMLA:
    • Except for qualifying circumstantial leave, the leave of absence must be medically necessary or for bonding with a new baby or child.
    • The leave of absence must be scheduled so as to not "unduly disrupt" Kohl's operations and to schedule replacements.
    • When intermittent or reduced hour FMLA is necessary and foreseeable, Kohl's reserves the right to temporarily transfer you to an alternative job with equivalent pay and benefits to better accommodate the recurring time off.
    • Whether foreseeable or unforeseeable, you also must provide initial notice of intermittent absence under your location's attendance policy and call-in procedures.
  • You may request intermittent or reduced hour FMLA to care for a family member with a serious health condition, for your own serious health condition, to care for a covered servicemember or due to a qualifying circumstance.
  • Intermittent or reduced hour FMLA may be requested for bonding with a newborn child, adoption or placement or adoption, subject to business and department needs. 
    • Must consist of no more than two (2) days per workweek and be taken within twelve (12) months from the date of birth, adoption or placement for adoption. 
    • Can only be taken after any period of continuous paid leave of absence expires (as related to the birth of your baby).
  • If you would normally be required to work overtime, but are unable to do so because of an FMLA-qualifying reason that limits your ability to work overtime, the hours which you would have been required to work may be counted against your FMLA entitlement. 
    • Example: If you are required to work for forty-eight (48) hours in a particular week, but due to your serious health condition, you are unable to work more than forty (40) hours that week, you would utilize eight (8) hours of FMLA protected leave out of the forty-eight (48) hour workweek. Voluntary overtime hours may not be counted against your FMLA entitlement.
 

Benefits

  • During unpaid FMLA, Kohl's automatically will continue your health and voluntary benefits coverage, unless you submit Kohl’s AR-059 Application for Termination of Health Benefits form at the time FMLA begins, which indicates otherwise. If you terminate benefits during unpaid FMLA, you may reinstate coverage once FMLA ends and you either return to work or continue on a non-FMLA company leave of absence.
    • All Company benefits continue during an approved FMLA leave provided any associate contributions are timely paid. It is your responsibility to ensure payment for your contributions while on a leave. For further information on the amount and payment of your contributions, call 844-564-5747.
    • When you substitute paid time off for unpaid FMLA or receive paid medical benefits while on FMLA, Kohl's will continue to deduct your contributions for health and voluntary benefits coverage from your pay.
  • The company-provided life insurance benefit will be maintained without cost to you if you are a full-time associate for the period of FMLA. However, if you have purchased Supplemental Life or Dependent Life Insurance, you will be responsible for paying the required premiums.
  • Associate Merchandise Discount privileges will continue for the period of your leave.
  • Holiday payment will not be made to you while on leave unless required by law or by other Kohl's policies. If you substitute PTO, Wellness Hours (if applicable) or purchased vacation time for the entire workweek, then a holiday that falls within a week in which you have elected to substitute PTO, Wellness Hours (if applicable) or purchased vacation time will be classified as a non-worked holiday instead of PTO, Wellness Hours (if applicable) or purchased vacation time hours.
  • PTO, Wellness Hours (if applicable) or purchased vacation time is granted while on FMLA according to Kohl's policies. FMLA time will be included when calculating your length of service to determine PTO or Wellness Hours granted.
  • Length of service will continue to accrue for vesting purposes towards the 401(K) Savings Plan and the Employee Stock Ownership Plan while on FMLA.

Job Protection

  • Upon return from approved FMLA, you will be returned to your original job or to an equivalent job with equivalent pay, benefits and other employment terms and conditions.
    • If you would have been laid off or otherwise had your employment terminated while on FMLA, you will not be reinstated.
    • Kohl's may deny job reinstatement to a key employee if reinstatement would result in substantial economic injury. A key employee means a salaried associate who is among the top ten percent (10%) highest-paid associates within seventy-five (75) miles of the associate's worksite. You will receive written notification of key employee status as soon as practicable after Kohl's or Kohl’s Third-Party Administrator is notified of a need for FMLA or upon commencement of FMLA, if earlier.
  • If you use FMLA, it will not result in the loss of any employment benefit that you earned or were entitled to before using FMLA.

State Family and Medical Leave/Local Laws

  • State Family and Medical Leave: All state FMLA provisions run concurrently with federal FMLA as permitted by law. State FMLA provisions may require leave entitlement on a basis other than the rolling twelve (12) month year. In such cases, stacking may occur.
    • Kohl's and Kohl’s Third-Party Administrator will comply with the provisions of both federal FMLA and applicable state FMLA. Where state FMLA differs from federal FMLA, you will receive the greater benefit between state FMLA and federal FMLA.
    • You are not required to designate whether the leave requested is under the federal FMLA or state FMLA.
    • State FMLA provisions may allow you to take leave for other family members as specified and defined by the applicable state law. You are still entitled to your full federal FMLA entitlement if leave is used for a purpose or a family member not covered by the federal FMLA.
    • For more information regarding specific-state FMLA provisions contact Kohl’s Third-Party Administrator.
  • Local Laws: Certain local ordinances may require Kohl's to offer a leave of absence for reasons that also qualify as a serious health condition under the federal FMLA. In these circumstances and where permitted by law, the local ordinance runs concurrent with federal FMLA and/or state FMLA.

Notification

  • You should direct any request for FMLA to Kohl’s Third-Party Administrator at the Intake/Customer Service Number at 877-KOHLS20 (877-564-5720). For additional questions about an FMLA leave, contact Human Resources at 844-564-5747.
  • FMLA may be retroactively designated where there is no individual harm to you.
  • Health Care Provider Certification for Self or Family Member:
    • To support an FMLA request to care for a family member or for your own serious health condition, you must submit a completed Health Care Provider Certification Form.
      • Kohl’s may request a new Health Care Provider Certification each leave year for medical conditions that last longer than one (1) year.
      • You must return the Health Care Provider Certification to Kohl’s Third-Party Administrator within fifteen (15) calendar days from the date mailed or hand-delivered.
      • If the Health Care Provider Certification is incomplete or insufficient, you will receive a letter explaining the deficiencies, allowing you seven (7) calendar days to fix the issues. You may be granted additional time if you respond within the seven (7) day period that you cannot obtain the additional information despite diligent, good faith efforts.
    • For your serious health condition, the Health Care Provider Certification must specify when you are medically able to return to work or a separate return to work authorization must be provided by you.
    • You may be required to recertify the reason and need for FMLA periodically by providing an updated Health Care Provider Certification regarding the family member's or your condition.
      • Recertification may be requested every thirty (30) days in connection with an absence unless the Health Care Provider Certification indicates that the minimum duration is more than thirty (30) days.
      • If the Health Care Provider Certification indicates the minimum duration is more than thirty (30) days, Kohl’s may request recertification every six (6) months, or, if earlier, once the minimum duration has expired. For a lifetime condition requesting intermittent or reduced hour FMLA, recertification may be requested every six (6) months.
      • In all cases regardless of the duration indicated on the Health Care Provider Certification, recertification may be requested when the circumstances have changed significantly, if doubt has been cast on the continuing validity of the certification or if you request an extension.
    • FMLA may be denied or delayed if the applicable certification form is not completed and submitted.
  • Your Responsibilities:
    • For foreseeable situations except for leave due to qualifying circumstances, you should provide a thirty (30) day written notice. Written notice is satisfied by submitting the Health Care Provider Certification for Self/Family Member or the Certification for Serious Injury or Illness of a Covered Servicemember for Military Family Leave.
      • If thirty (30) days is not feasible due to lack of knowledge, notice must be given as soon as practicable.
      • You shall provide notice as soon as practicable if the dates of scheduled leave change or are extended or if initially unknown.
      • As soon as practicable means as soon as possible and practical, the facts and circumstances are taken into account. Generally, it should be attainable for you to provide notice of the need for leave either the same day or the next business day from when you become aware of the need for FMLA.
    • For foreseeable situations due to qualifying circumstances, you must provide notice as soon as practicable, regardless of how far in advance leave is foreseeable. This means as soon as both possible and practical taken into account the facts and circumstances. Generally, it should be practicable for you to provide notice of the need for leave either the same day or the next business day from when you become aware of the need for FMLA.
    • For all unforeseeable situations, you must provide notice to Kohl’s Third-Party Administrator and must also follow the location's established call-in procedures absent unusual circumstances. Your representative may give notice if you are unable to do so personally. Intermittent FMLA absences may be denied if not reported to Kohl’s Third-Party Administrator on the same day of your absence.
    • To provide proper notice of the initial need for FMLA, whether foreseeable or unforeseeable, calling in sick is not enough. You do not need to mention "FMLA" specifically; however, you need to provide enough information to determine if FMLA applies, including the reason, anticipated timing, and duration.
    • If you have been previously approved for FMLA, you must specifically reference the qualifying reason for FMLA or need to use approved FMLA to provide proper notice of an absence related to your approved FMLA.
    • Failure to provide proper notice for foreseeable and unforeseeable situations may result in a delay of FMLA coverage.
  • Employer Notice:
    • Associates will receive an FMLA notice at the time of hire. General notice regarding FMLA can also be found on the location's bulletin board and on the company intranet.
    • Kohl’s Third-Party Administrator will inform associates requesting leave whether they are eligible under FMLA. If the associate is FMLA-eligible, the notice will specify any additional information required as well as the associate's rights and responsibilities. If the associate is not eligible, the notice will provide a reason for the ineligibility. If the associate provides notice of a subsequent reason for FMLA during the applicable twelve (12) month period due to a different FMLA-qualifying reason and the associate's eligibility status has not changed, no additional eligibility notice is required.
    • Kohl’s Third-Party Administrator will also inform eligible associates if leave will be designated as FMLA-protected and the amount of leave counted against the associate's leave entitlement. If Kohl’s Third-Party Administrator determines that the leave is not FMLA-protected, the administrator will also notify the associate.
    • The determination of eligibility and designation of FMLA may be provided in separate written notices or a combined written notice.
  • The associate should refer any questions regarding this Policy or eligibility to Kohl’s Third-Party Administrator at the Intake/Customer Service Number at 877-KOHLS20 (877-564-5720). For additional questions, contact Human Resources at 844-564-5747.

Key Terms

  • Serious Health Condition - An illness, injury, or physical or mental condition that meets one (1) of the following criteria:
    • Hospital Care: Inpatient care (e.g., an overnight stay) in a hospital, hospice or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.
    • Continuing Treatment: Treatment (for a chronic or long-term condition) under the care or supervision of a health care provider. This includes chronic conditions (e.g., asthma, epilepsy, etc.) that continue over an extended period of time and may cause episodic rather than a continuing period of incapacity and conditions that are not usually incapacitating but would result in a period of incapacity of more than 3 consecutive calendar days if medical treatment were omitted (e.g., chemotherapy, kidney dialysis, pregnancy, etc.).
  • Incapacity - The inability to work, attend school, or perform regular daily activities (eating, washing, walking, shopping, etc.,) because of a serious health condition or treatment for or recovery from a serious health condition.
  • Treatment - Examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations.
  • Qualified Family Members (Family Members) - Include the following:
    • Spouse or Domestic Partner
      • A ‘spouse’ refers to the other person with whom an individual entered into marriage as defined or recognized under state law for purposes of marriage in the state where the marriage was entered into or, in the case of a marriage entered into outside of any state if the marriage is valid in the place where entered into and could have been entered into in at least one state. This definition includes an individual in a same-sex or common law marriage that either: (1) Was entered into in a state that recognizes such marriages, or (2) If entered into outside of any state, is valid in the place where entered into and could have been entered into in at least one state.
      • A ‘domestic partner’ refers to the other person with whom an individual has a relationship which meets the following requirements:
        • Are not legally married and are not in a domestic partner relationship with anyone else;
        • Are each other's sole partner and intend to remain so indefinitely;
        • Are not related by blood in a manner which would bar marriage;
        • Reside in a common household for at least six (6) consecutive months;
        • Have joint responsibility for their well-being and living expenses; and
        • Are both eighteen (18) years of age or older and competent to enter into a contract under law.
        • In addition, a domestic partnership includes a registered domestic partnership, civil union under applicable state law.
    • Parent - A parent includes your mother or father, but does not include your mother-in-law or father-in-law.
    • Child - A child includes a biological, step, adopted or foster child or legal ward who is under eighteen (18) years of age. 
      • A child is considered a legal ward when a court order places custody of a child with a specific adult. A child also includes a child who is eighteen (18) years of age or older only if the child is incapable of self-care due to a physical or mental disability, regardless of the age at onset of the disability.
      • Person standing “in loco parentis”: If you stand in place of a parent, you may be considered to be "in loco parentis" for a child. In loco parentis includes day-to-day responsibilities to care for or financial support of the child. The fact that a child has a biological parent in the home, or has both a mother and a father, does not prevent a finding that if you lack a biological or legal relationship with the child, you also are in loco parentis for purposes of taking FMLA. You must provide a statement asserting that the requisite family relationship exists where there is no legal or biological relationship with the child.
  • Covered Servicemember
    • A current member of the Armed Forces, including the National Guard or Reserves who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or
    • A covered veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury of illness.
  • Covered veteran - An individual who was a member of the Armed Forces (including the National Guard or Reserves) and who was discharged or released under conditions other than dishonorable at any time within the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.
  • Serious Illness or Serious Injury for a Covered Servicemember
    • Armed Forces National Guard or Reserves Servicemember -  An injury or illness that was incurred by the covered servicemember in the line of duty on active duty in the Armed Forces or that existed before the beginning of the member’s active duty and was aggravated by service, in the line of duty on active duty in the Armed Forces that may render the servicemember medically unfit to perform the duties of the member's office, grade, rank or rating; and
    • Covered Veterans - An injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and manifested itself before or after the member became a veteran, and is:
      • A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank or rating; or
      • A physical or mental condition for which the covered veteran has received a U.S. Department of Veteran Affairs Service-Related Disability Rating (VASRD) of 50 percent (50%) or greater, and such VASRD rating is based, in whole or in part, on the condition precipitating the need for military caregiver leave; or
      • A physical or mental condition that substantially impairs the covered veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment; or
      • An injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
  • Next of Kin - The covered servicemember's nearest blood relative other than the spouse or domestic partner, parent or child in the following order of priority. Blood relatives granted legal custody of the servicemember by court decree or statutory provisions, siblings, grandparents, parent’s siblings and first cousins.

To access a PDF version of this FMLA Policy that can be electronically downloaded and saved, click here