Military Caregiver Leave (also known as Care for Injured Service Member (FMLA)) is for an eligible employee who is the spouse, son, daughter, parent, Duke-registered same sex spousal equivalent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of active duty on covered active duty. This leave provides an eligible employee up to a total of 26 weeks of leave in a calendar year.

Step 1: Eligibility

Leave must be to care for a servicemember who is recovering from a serious illness or injury sustained in the line of duty on covered active duty. Includes the service-member's:

  • Spouse
  • Son
  • Daughter
  • Next of kin*
  • Duke registered same sex spousal equivalent

*NOTE: "Next of kin" is the nearest blood relative, other than a parent, son or daughter, in the following order of priority: blood relative who has been designated in writing by the servicemember as next of kin for FMLA purposes, blood relatives who have been granted legal custody of the covered servicemember, brothers and sisters, grandparents, aunts and uncles, and first cousins.

Step 2: Initiate Military Caregiver Leave

Employees contact FMLASource® through either of these methods:

Step 3: Determine if absence is an FMLA qualifying event

To be considered a qualifying event, the covered servicemember must have a serious injury or illness that was incurred in the line of duty on covered active duty that may render the servicemember medically unfit to perform the duties of the servicemenber's office, grade, rank, or rating.

Step 4: Determine how FMLA will be taken - Consecutive or Intermittently (FMLASource®)

The way in which FMLA is taken will depend on medical guidance provided by the employee's health provider and, if necessary, confirmed by Employee Occupational Health and Wellness.

Consecutive Leave (26 week period for Military Family Leave):

Eligible employees may take up to 26 weeks of unpaid FMLA if qualified for Military Family Leave.

Intermittent Leave: Tracking FMLA

If leave is intermittent, hours will be tracked through the FMLASource® system

Intermittent leave is leave taken in separate blocks of time due to a single qualifying reason. It is scheduled regularly or irregularly based on medical needs, caregiver demands, appointments, etc.

If Planned Intermittent Leave is Disruptive to Operations:

  • Management may temporarily transfer the employee to an alternate position for which the employee is qualified and receives equal pay and benefits. This does not apply to unscheduled intermittent leave.
  • Consult Human Resources, Staff and Labor Relations prior to making such a transfer.

*NOTE: Recertification from the health-care provider may be requested every 30 days when associated with an absence (or missed scheduled work time) unless the condition will last for more than 30 days. Allow at least 15 days from the date of the request for recertification.

Step 5: Approval Status Determination and Communicated

Within 5 business days of receiving your completed documentation, FMLASource® will send you a Determination Letter via your preferred communication method outlining your approval status and any required next steps.

Step 6: Payroll Notification

The department payroll representative notifies Corporate Payroll by submitting the Leave of Absence (LOA) iForm. If you have any questions pertaining to this form, please contact Corporate Payroll at 919-684-2642.

Step 7: Return from Leave

Contact FMLASource® to confirm your return-to-work date.

Failure to return by your approved date without an authorized extension may result in corrective action, up to and including possible termination.

The department payroll representative notifies Corporate Payroll by submitting the Leave of Absence (LOA) iForm. If you have any questions pertaining to this form, please contact Corporate Payroll at 919-684-2642.