M. Leave Because of a Qualifying Exigency

Table of Contents
  1. Eligible employees may take FMLA leave for a qualifying exigency while the employee’s spouse, son, daughter, or parent is a covered military member on covered active duty or call to covered active duty status, or has been notified of an impending call or order to covered active duty, in a foreign country. The active duty orders will generally specify if the member is deployed to a foreign country.
    1. Deployment to a foreign country means deployment to areas outside of the United States, the District of Columbia, or any Territory or possession of the United States, including international waters.
    2. A call to active duty refers to a Federal call to active duty. State calls to active duty are not covered unless under order of the President of the United States.
  2. The employee must submit a complete and sufficient “Certification of Qualifying Exigency for Military Family Leave” (U.S. Department of Labor Form WH-384) form and submit it to his or her supervisor.
  3. Qualifying exigencies include:
    1. Short Notice Deployment
      1. To address any issue that arises from the fact that a military member is notified of an impending call or order to covered active duty (in a foreign country) seven or less calendar days prior to the date of deployment.
      2. Leave taken for this purpose can be used for a period of seven calendar days beginning on the date the military member is notified of an impending call or order to covered active duty.
    2. Military events and related activities
      1. To attend any official ceremony, program, or event sponsored by the military that is related to the covered active duty or call to covered active duty status of the military member.
      2. To attend family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross that are related to the covered active duty or call to covered active duty status of the military member.
    3. Childcare and school activities
      1. The child must be the military member’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the military member stands in loco parentis, who is either under 18 years of age or older and incapable of self-care at the time FMLA leave is to commence.
      2. The military member must be the spouse, son, daughter, or parent of the employee requesting qualifying exigency leave.
      3. Leave for childcare and school activities can be used:
        1. To arrange for alternative childcare for a child of the military member when the covered active duty or call to covered active duty status of a military member necessitates a change in the existing childcare arrangement.
        2. To provide childcare on an urgent, immediate need basis, but not on a routine, regular, or everyday basis, when the need to provide such care arises from the covered active duty or call to covered active duty status of a military member.
        3. To enroll in or transfer to a new school or day care facility the child of the military member when enrollment or transfer is necessitated by the covered active duty or call to covered active duty status of a military member.
        4. To attend meetings with staff at a school or daycare facility when such meetings are necessary due to circumstances arising from the covered active duty or call to covered active duty status of a military member.
    4. Financial and legal arrangements
      1. To make or update financial or legal arrangements to address the military member’s absence while on covered active duty or call to covered active duty status, such as preparing and executing financial and healthcare powers of attorney, transferring bank account signature authority, enrolling in the Defense Enrollment Eligibility Reporting System (DEERS), obtaining military identification cards, or preparing or updating a will or living trust; and,
      2. To act as the military member’s representative before a federal, state, or local agency for the purposes of obtaining, arranging, or appealing military service benefits while the military member is on covered active duty or call to covered active duty status, and for a period of 90 days following the termination of the military member’s covered active duty status.
    5. To attend counseling provided by someone other than a health care provider for oneself, for the military member, or for the biological, adopted, or foster child, stepchild, or a child for whom the military member stands in loco parentis, who is either under age 18, or age 18 or older and incapable of self- care, at the time FMLA leave is to commence, provided that the need for counseling arises from the covered active duty or call to covered active duty status of a military member.
    6. Rest and recuperation
      1. To spend time with the military member who is on short-term, temporary, Rest and Recuperation leave during the period of deployment.
      2. Eligible employees may take up to 15 days of leave beginning on the date the military member begins each instance of Rest and Recuperation leave.
      3. A copy of the military member’s Rest and Recuperation leave orders, or other documentation issued by the military setting forth the dates of the military member’s leave may be required.
    7. Post-deployment activities
      1. To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following the termination of the military member’s covered active duty status.
      2. To address issues that arise from the death of a military member while on covered active duty status, such as meeting and recovering the body of the military member, making funeral arrangements, and attending funeral services.
      3. Parental care
      4. For FMLA leave for parental care, the parent of the military member must be incapable of self-care and must be the military member's biological, adoptive, step, or foster father or mother, or any other individual who stood in loco parentis to the military member when the member was under 18 years of age.  A parent who is incapable of self-care requires active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living. Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
      5. The military member must be the spouse, son, daughter, or parent of the employee requesting qualifying exigency leave.
      6. Parental care leave can be used:
        1. To arrange for alternative care for a parent of the military member when the parent is incapable of self-care and the covered active duty or call to covered active duty status of the military member necessitates a change in the existing care arrangement for the parent;
        2. To provide care for a parent of the military member on an urgent, immediate need basis (but not on a routine, regular, or everyday basis) when the parent is incapable of self-care and the need to provide such care arises from the covered active duty or call to covered active duty status of the military member;
        3. To admit to or transfer to a care facility a parent of the military member when admittance or transfer is necessitated by the covered active duty or call to covered active duty status of the military member; and
        4. To attend meetings with staff at a care facility, such as meetings with hospice or social service providers for a parent of the military member, when such meetings are necessary due to circumstances arising from the covered active duty or call to covered active duty status of the military member but not for routine or regular meetings.
        5. Additional activities
    8. To address other events that arise, provided that the employers and employee agree that such leave shall qualify as an exigency, and agree to both the timing and duration of such leave.