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• The “next of kin of a covered servicemember” is the nearest blood relative, other than <br />the covered servicemember’s spouse, parent, son, or daughter, in the following order of <br />priority: blood relatives who have been granted legal custody of the servicemember by <br />court decree or statutory provisions, brothers and sisters, grandparents, aunts and <br />uncles, and first cousins, unless the covered servicemember has specifically designated <br />in writing another blood relative as their nearest blood relative for purposes of military <br />caregiver leave under the FMLA. When no such designation is made, and there are <br />multiple family members with the same level of relationship to the covered <br />servicemember, all such family members shall be considered the covered <br />servicemember’s next of kin and may take FMLA leave to provide care to the covered <br />servicemember, either consecutively or simultaneously. When such designation has <br />been made, the designated individual shall be deemed to be the covered <br />servicemember’s only next of kin. <br /> <br />• “Covered active duty” means: <br />o “Covered active duty” for members of a regular component of the Armed Forces <br />means duty during deployment of the member with the Armed Forces to a <br />foreign country. <br />o “Covered active duty” for members of the reserve components of the Armed <br />Forces (members of the U.S. National Guard and Reserves) means duty during <br />deployment of the member with the Armed Forces to a foreign country under a <br />call or order to active duty in a contingency operation as defined in section <br />101(a)(13)(B) of Title 10 of the United States Code. <br /> <br />• “Covered servicemember” means: <br />o An Armed Forces member (including the National Guard or Reserves) undergoing <br />medical treatment, recuperation, or therapy or otherwise in outpatient status or <br />on the temporary disability retired list, for a serious injury or illness”; or <br />o A veteran who is undergoing medical treatment, recuperation, or therapy, for a <br />serious injury or illness and who was a member of the Armed Forces (including a <br />member of the National Guard or Reserves) at any time during the period of 5 <br />years preceding the date on which the veteran undergoes that medical <br />treatment, recuperation, or therapy. <br /> <br />• “Serious injury or illness” means: <br />o In the case of a member of the Armed Forces (including a member of the <br />National Guard or Reserves), means an injury or illness that was incurred by the <br />member in line of duty on active duty in the Armed Forces (or existed before the <br />beginning of the member ’s active duty and was aggravated by service in line of <br />duty on active duty in the Armed Forces) and that may render the member <br />medically unfit to perform the duties of the member’s office, grade, rank, or <br />rating; and <br />o In the case of a veteran who was a member of the Armed Forces (including a <br />member of the National Guard or Reserves) at any time during a period when