Military Family Member Injury

FMLA for this reason allows for up to 26 weeks of absence during a 12 month period to care for an Armed Forces family member who has a serious injury or illness incurred while on covered active duty.

  • FMLA eligibility for this reason is calculated on a rolling calendar year basis, beginning with the need for absence.
  • Absence can be a continuous leave, reduced schedule, or intermittent and is implemented concurrently with the twelve (12) weeks of leave to care for a spouse, child or parent, if applicable.
  • If 12 weeks of FMLA has been exhausted for the calendar year, an eligible employee must still be granted up to 26 weeks of leave for this reason if medically necessary.

Under FMLA eligible family members include:

  • a spouse recognized by Iowa law for purposes of marriage including common law, domestic partners of the same and opposite gender registered with University Benefits;
  • a parent, including, biological, step, adoptive, foster, or an individual that functioned as the parent;
  • a son or daughter under the age of 18, including biological, adopted, step or foster child, or legal ward. Children over 18 with a disability may also be eligible. If a family member is not eligible for FMLA, please see family caregiving leave for additional considerations.
  • For military FMLA, next of kin may also be eligible, and is defined as the nearest blood relative other than the covered service member’s spouse, parent, or child.

For determination of a covered injury, the Health Certification Form, is completed by specific health care providers and is different than the standard family member health certification. A health certification will likely be needed to determine if the family member and injury is eligible for FMLA. Department HR Representatives should refer to Senior HR leadership and FSDS staff for assistance in approving this type of leave.