qualifying exigency

USA

A permitted reason for military leave under the Family and Medical Leave Act (FLMA). Qualifying exigencies for military FMLA leave include:

• Short notice of military deployment involving seven or fewer days of advance notice and allowing up to seven days of leave.

• Military events and activities relating to military service or call to active duty status of a covered military member, including attending:

o official ceremonies, events or programs sponsored by the military; and

o family support or assistance programs and covered informational briefings.

• Childcare and school activities for a covered child, including:

o arranging for alternative childcare when military service requires a change in the existing arrangement;

o providing urgent or immediate childcare because of military service;

o enrolling or transferring into a new school or daycare program because of military service; and

o attending school or daycare meetings because of military service.

• Financial or legal arrangements for a covered military member, including:

o making or updating financial or legal arrangements to address a military member's absence; and

o acting as a representative of a military member before a federal, state or local agency to obtain, arrange or appeal military service benefits during the military member's active duty or call to active duty and for 90 days after the end of active duty status.

• Counseling by a non-health care provider for the military member, spouse or a covered child of the military member, provided that the need for counseling arises from the active duty or call to active duty status of a covered military member.

• Rest and recuperation for up to five days to spend time with a covered military member on short-term, temporary rest and recuperation leave during deployment.

• Post-deployment activity, including:

o attending arrival ceremonies, reintegration briefings and events and other official military ceremonies or programs for up to 90 days after the end of active duty service; and

o addressing issues related to the death of a covered military member while on active duty status including meeting and recovering the remains and making funeral arrangements.

• Other events recognized by employer and employee to be qualifying exigencies. Employer and employee should mutually agree on the timing and duration of that leave.

(29 C.F.R. § 825.126.)