What Qualifies as Exigency Leave for Military FMLA?
An eligible employee may qualify for FMLA leave if there is a qualifying exigency due to one of these eight conditions affecting a spouse, son, daughter, or parent in the armed forces:
- Short-notice deployment: If the military member is called to active duty 7 days or less before the date of deployment, the employee may take FMLA to handle issues arising from the short-notice call to duty.
- Official Military Ceremonies and Programs: An employee may take FMLA to be present at any official military event related to an immediate family member’s call to active duty.
- Child care: An employee may take FMLA to arrange for alternative or emergency child care, or to meet with school officials or caregivers when the need arises due to a covered family member’s active duty.
- Financial or Legal matters: If an employee needs to stand in for a covered military member regarding financial or legal arrangements, the employee may take FMLA.
- Counseling: A covered employee may take FMLA to attend counseling sessions if the counseling is directly related to the military member’s active duty.
- R&R: Spending time with a military member on leave for temporary R&R qualifies as FMLA.
- End of active duty: An employee may take FMLA to attend military events related to the termination of a covered family member’s active duty.
- Other: Other events may qualify as exigency leave for covered employees if they are a direct result of a covered family member’s active military duty.
At the covered employee’s initial request for FMLA, the employer has a right to request a copy of the family member’s military orders, but this request may only be made once.
The employer may also request supporting documentation for other types of military FMLA such as:
- official notices of military events
- confirmation of meetings with school/daycare officials
- invoices for financial or legal services
Susan Warren, CPP
Software Support Specialist