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recuperation, or therapy, is otherwise in outpatient status, or is otherwise <br /> on the temporary disability retired list, for a serious injury or illness; or <br /> b. A veteran who is undergoing medical treatment, recuperation, or therapy <br /> for a serious injury or illness, and who was discharged within the <br /> previous five years before the employee takes military caregiver leave <br /> to care for the veteran. <br /> 4. A serious injury or illness of a veteran must be either: <br /> a. A continuation of a serious injury or illness that was incurred or <br /> aggravated when the covered veteran was a member of the Armed <br /> Forces and rendered the servicemember unable to perform the duties <br /> of the servicemember's office, grade, rank, or rating; or <br /> b. A physical or mental condition for which the veteran has received a • <br /> United States Department of Veterans Affairs Service Related Disability <br /> Rating (VASRD) of 50% or more and the need for care is related to that <br /> condition, or <br /> c. A physical or mental condition because of a disability or disabilities <br /> related to military service that substantially impairs the veteran's ability <br /> to work, or would do so absent treatment; or <br /> d. An injury for which the veteran is enrolled in the Department of Veterans' <br /> Affairs Program of Comprehensive Assistance for Family Caregivers. <br /> 5. To take military caregiver leave, the eligible employee must be the spouse, <br /> parent, son or daughter, or next of kin of the covered servicemember. For <br /> purposes of military caregiver leave, a son or daughter refers to the <br /> servicemember's son or daughter of any age. <br /> 6. The employee is required to provide medical certification by an authorized <br /> military-related health care provider such as Department of Defense, <br /> Veterans' Administration, or Tricare. No second opinion or recertification is <br /> required under this leave. <br /> 7. During any single 12-month period, an employee's maximum leave entitlement <br /> under the Military Caregiver provision is limited to no more than 26 weeks for <br /> all qualifying reasons, and no more than 12 weeks may be taken for leave for <br /> other reasons unrelated to military caregiver. If not all 26 weeks of leave are <br /> taken during this 12-month period, the unused portion is forfeited, and does <br /> not carry forward to the next 12-month period. However, after the 12-month <br /> period expires, the employee would be eligible to care for the same covered <br /> 704:2 FMLA Page 8 of 19 <br /> 119 <br />