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- Family and Medical Leave Act Advisor

Qualifying Exigencies - Counseling

§ 825.126

Does counseling qualify for FMLA leave as a qualifying exigency?

An eligible employee whose spouse, son, daughter, or parent is a military member may take FMLA leave to attend counseling provided by someone other than a health care provider for oneself, the military member, or a child of the military member if the need for counseling arises from the covered active duty of the military member.

(Counseling provided by a health care provider may qualify for FMLA leave under the serious health condition provisions - See Serious Health Condition.)

Note:

Qualifying exigency leave for counseling 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 counseling 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 – Rest and Recuperation.