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Understanding the Covered Service Member: Definition and Rights
Definition & Meaning
A covered servicemember is defined as a member of the Armed Forces, including the National Guard and Reserves, who is receiving medical treatment, recuperation, or therapy for a serious injury or illness. This also includes veterans who have served in the Armed Forces at any time during the five years before they begin treatment for a serious injury or illness.
Table of content
Legal Use & context
The term "covered servicemember" is primarily used in the context of family and medical leave laws. It is relevant in legal areas such as employment law, where employees may be entitled to take leave to care for a covered servicemember. Users can manage related legal processes through templates provided by US Legal Forms, which are designed by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A soldier who was injured in combat and is currently receiving physical therapy qualifies as a covered servicemember.
Example 2: A veteran who served in the military five years ago and is now undergoing treatment for PTSD is also considered a covered servicemember.
Relevant laws & statutes
The primary statute governing covered servicemembers is the Family and Medical Leave Act (FMLA), specifically under 29 USCS § 2611. This law provides eligible employees the right to take unpaid leave for family and medical reasons, including caring for a covered servicemember.
Comparison with related terms
Term
Definition
Differences
Covered Servicemember
A member of the Armed Forces or a veteran receiving treatment for a serious injury or illness.
Focuses specifically on military personnel and veterans.
Family Member
Any relative of an employee who may require care.
Includes a broader range of relationships, not limited to military connections.
Common misunderstandings
What to do if this term applies to you
If you or a loved one qualifies as a covered servicemember, consider your rights under the Family and Medical Leave Act. You may be entitled to take leave from work to provide care. For assistance, you can explore US Legal Forms for templates that can help you navigate the process. If your situation is complex, seeking advice from a legal professional is recommended.
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Eligibility: Members of the Armed Forces and veterans within five years of service.
Legal Context: Family and Medical Leave Act (FMLA).
Rights: Potential entitlement to unpaid leave for caregiving.
Key takeaways
Frequently asked questions
A covered servicemember includes active-duty military members and veterans who have served in the last five years and are undergoing treatment for a serious injury or illness.
You may be entitled to take unpaid leave under the Family and Medical Leave Act to provide care.
Yes, US Legal Forms offers templates that can help you with the necessary legal processes.