An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

when the parent is incapable of self-care and the need to provide such care arises from the covered active duty or call to covered active duty status of the military member.  To admit to or transfer to a care facility a parent of the military member when admittance or transfer is necessitated by the covered active duty or call to covered active duty status of the military member.  To attend meetings with staff at a care facility, such as meetings with hospice or social service providers for a parent of the military member, when such meetings are necessary due to circumstances arising from the covered active duty or call to covered active duty status of the military member but not for routine or regular meetings.  Additional activities agreed upon by the school and employee 1286

2. M ILITARY C AREGIVER L EAVE Eligible employees are also entitled to take FMLA leave to care for a spouse, son, daughter, parent, or next of kin who is a current member of the Armed Forces, including a member of the National Guard or Reserves, or a member of the Armed Forces, the National Guard or Reserves who is on the temporary disability retired list, who has a serious injury or illness incurred in the line of duty on active duty for which he or she undergoing medical treatment, recuperation, or therapy, who is on outpatient status, or who is otherwise on the temporary disability retired list. 1287 The law also allows family of veterans with serious injuries or illnesses incurred in the line of duty (or preexisting conditions aggravated in the line of duty) to use military caregiver leave if the veteran was a member of the Armed Forces within five years of the need for medical care. 1288 Eligible employees may take up to 26 weeks of unpaid leave in any single 12-month period to care for a covered service member with a serious injury or illness. 1289 3. CFRA The CFRA does not provide for any military-related leaves. Consequently, if an employee uses military caregiver leave under the FMLA, the employee will not be entitled to an additional 12 weeks of CFRA leave to care for the family member with a serious health condition. If, however, the reason for military caregiver leave overlaps with leave provided under the CFRA, the two leaves may run concurrently.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 299