legal ward, of a person standing in loco parentis. A child is also defined as any individual 18 years of age or older who is the biological, adopted, foster, or step child, or legal ward, of a person standing in loco parentis, if he or she is incapable of self-care because of a mental or physical disability. A child can also be 18 years of age or older for the purposes of covered servicemember leave and qualifying exigency leave.
A contingency operation is a military operation that:
is designated by the Secretary of Defense as an operation in which members of the armed forces are, or may become, involved in military actions or hostilities against any enemy of the United States or against an opposing military force; or
results in the call or order to, or retention on, active duty of members of the uniformed services under subsections 688, 12301(a), 12302, 12304, 12305, or 12406 of section 101(a)(13) of Title 10 of the United States Code, chapter 15 of that Title, or any other provision of law during a war or during a national emergency declared by the President or Congress.
A covered servicemember is defined as a member of the armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness. A serious injury or illness in one that was incurred by a servicemember in the line of duty while on active duty or one that existed before the beginning of the member's active duty and that was aggravated by service in the line of active duty that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank, or rating.
The definition of covered servicemember also includes veterans who were members of the armed forces, including the National Guard or Reserves, at any point in time within five (5) years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy. In the case of veteran covered servicemembers, a “serious health condition” includes any injury or illness that was incurred by the member in the line of duty on active duty in the armed forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the armed forces) and that manifested itself before or after the member became a veteran.
Covered servicemember leave is defined as the leave that must be granted to an eligible employee who is a spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness. Eligible employees must be granted up to 26 weeks of unpaid leave during a single 12-month period to care for a covered servicemember. The single 12-month period for leave to care for a covered servicemember with a serious injury or illness begins on the first day the eligible employee takes leave and ends 12 months later, regardless of the 12-month period established for other types of FMLA leave. An eligible employee is limited to a combined total of 26 weeks of leave for any FMLA-qualifying reason during the single 12-month period.