Does military caregiver leave apply if a military spouse is injured but not while in the line of duty on active duty?

No. While the Family and Medical Leave Act (FMLA) provides up to 26 weeks of time off for an employee to care for a family member who is a member of the Armed Forces who has a “serious injury or illness” — often referred to as “military caregiver leave” — it is only reserved for military services members who were injured, or who had an existing injury that was aggravated, in the line of duty on active duty in the Armed Forces.

If a military spouse’s injury happened while engaged in activities outside of active duty — e.g., while skiing on vacation — the spouse is not eligible for extended military caregiver leave.