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- Family and Medical Leave Act Advisor

Qualifying Exigencies - Childcare and School Activities

§ 825.126

What circumstances qualify for the taking of FMLA leave for childcare and school activities?

An eligible employee whose spouse, son, daughter, or parent is a military member may take FMLA leave to take care of certain childcare and school activities for a child of the military member when the need for the care is due to the covered active duty status of the military member.

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 age 18 or age 18 or older and incapable of self-care because of a mental or physical disability at the time that FMLA leave is to commence.

There does not have to be a relationship between the employee taking leave and the military member’s child in order for the eligible employee to take FMLA for this reason. However, it is important to remember that the military member must be the spouse, son, daughter, or parent of the employee taking leave.

Qualifying exigency leave for childcare and school activities is limited to the following reasons:

  • To arrange for alternative childcare when the covered active duty of the military member necessitates a change in the existing childcare arrangement;
  • 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 of the military member;
  • To enroll in or transfer to a new school or day care facility when enrollment or transfer is necessitated by the covered active duty of the military member; and
  • To attend meetings with staff at a school or a daycare facility, such as meetings with school officials regarding disciplinary measures, parent-teacher conferences, or meetings with school counselors, when such meetings are necessary due to circumstances arising from the covered active duty of the military member.

Note:

Qualifying exigency leave for childcare and school activities became available to an employee whose spouse, son, daughter or parent is a military member in the National Guard or Reserves on January 16, 2009.

Qualifying exigency leave for childcare and school activities became available to an employee whose spouse, son, daughter or parent is a military member in the Regular Armed Forces on October 28, 2009.

Return to Qualifying Exigencies or Continue to Qualifying Exigencies – Financial and Legal Arrangements.