Military Exigency
Federal Military Exigency Leave
What is Military Exigency leave
The federal Family and Medical Leave Act (FMLA) provides an eligible employee with the right to take up to 12 workweeks of leave in a 12-month period for a “qualifying exigency" that arises when the employee's spouse, son, daughter, or parent is on covered active duty or has been notified of an impending call or order to covered active duty.
"Covered active duty" means:
For members of the Regular Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country, including to international waters
For members of the Reserve components of the Armed Forces (National Guard and Reserves), duty during deployment of the member with the Armed Forces to a foreign country, including to international waters, under a call or order to active duty in support of a contingency operation.
The FMLA regulations include a broad list of activities that are considered qualifying exigencies that eligible employees can take leave to address, if they are the family member of a covered military member. The regulations list the following qualifying exigencies:
Qualified Exigencies:
Short notice Deployment |
Issues arising from a covered service member's short notice deployment (i.e., deployment seven days of notice or less). The period of leave must begin within seven days from the date the employee notifies the employer of the need for leave. |
Military events and related activities |
Includes official ceremonies, programs, or events sponsored by the military or family support or assistance programs, and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross |
Childcare and related activities |
Issues arising from the active duty or call to active duty status of a covered military member, such as arranging for alternative childcare, providing childcare on a non-routine, urgent, immediate need basis, enrolling or transferring a child in a new school or day care facility, and attending certain meetings at school or a day care facility if they are necessary due to circumstances arising from the active duty or call to active duty of the covered military member. |
Financial and legal arrangements |
Making or updating financial and legal arrangements to address a covered military member's absence while on covered active duty, including preparing and executing financial and healthcare powers of attorney, enrolling in the Defense Enrollment Eligbility Reporting System (DEERS), or obtaining a military identification card. |
Attending counseling |
Attending counseling for the employee, the military member, or the child of the military member when the need for that counseling arises from the covered active duty of the military member and is provided by someone other than a health care provider. |
Rest and recuperation |
Taking up to 15 days of leave to spend with a military member who is on short term, temporary leave during deployment. |
Post deployment activities |
Includes attending arrival ceremonies, reintegration briefings and events, and other official ceremonies or programs sponsored by the military for a period of 90 days following the termination of the covered military member’s active duty status, and addressing issues arising from the death of a covered military member. |
Care of Active duty family Members Parent |
Certain activities arising from the military member's covered active duty related to care of the military member's parent who is incapable of self-care, such as arranging for alternative care, providing care on a non-routine, urgent, immediate need basis, admitting or transferring a parent to a new care facility, and attending certain meetings with staff at a care facility, such as meetings with hospice or social service providers. Note: The employee taking qualifying exigency leave does not need to be related to the military member's parent. However, the military member must be the parent, spouse, son, or daughter of the employee taking leave, and the parent must be the parent of the military member (including an individual who stood in loco parentis to the military member when the member was a child). |
Other |
Any other exigency, as agreed to by the employee and the employer. |
Military Exigency Specifications
Concurrency |
Absence Specification runs concurrently with Federal FMLA because it is part of the Federal FMLA entitlement |
Eligibility Rules |
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Amount of leave provided |
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Calendar type |
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Intake |
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