Certified Leave Management Specialist (CLMS) Certification Practice Test

If an employee requests leave to care for a qualified family member under military caregiver provisions, when must the service member be on active duty?

1. At the time of leave application

2. Only when the leave is granted

3. At the time of the initial illness or injury

4. It doesn’t matter

The correct answer is: At the time of the initial illness or injury

The correct choice indicates that the service member must be on active duty at the time of the initial illness or injury for the employee to qualify for leave under military caregiver provisions. This provision under the Family and Medical Leave Act (FMLA) is specifically designed to provide support to employees who need to take time off to care for a service member who is recovering from a serious illness or injury incurred in the line of duty. The crucial factor here is the relationship between the service member's active duty status and the onset of the qualifying condition. If the service member was not on active duty at the time the injury or illness occurred, the employee would not be eligible for the leave under these specific provisions. This underlines the importance of the initial incident's timing in determining eligibility for military caregiver leave. The other options present scenarios that do not align with the regulatory requirements set forth by the FMLA. For instance, merely being on active duty at the time of the leave application or when the leave is granted does not suffice; the injury or illness itself must have been incurred while the service member was actively serving. Additionally, indicating that it doesn't matter when the injury occurred would disregard the fundamental eligibility criteria established to define the parameters of military caregiver leave.