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- Family and Medical Leave Act Advisor

Qualifying Exigencies - Financial and Legal Arrangements

§ 825.126

Can FMLA leave be taken to make financial and legal arrangements?

An eligible employee whose spouse, son, daughter, or parent is a military member may take FMLA leave:

  • To make or update financial or legal arrangements to address the military member’s absence while on covered active duty, including:
    • preparing and executing financial and health care 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
  • To act as the military member’s representative before a Federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits while the military member is on covered active duty, and for a period of 90 days following the termination of the military member’s covered active duty.

Note:

Qualifying exigency leave for financial and legal arrangements 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 financial and legal arrangements 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 – Counseling.