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- Family and Medical Leave Act Advisor

Qualifying Exigencies - Rest and Recuperation

§ 825.126

Can FMLA leave be taken to spend time with the military member when he or she is on Rest and Recuperation leave?

  • An eligible employee whose spouse, son, daughter, or parent is a military member may take FMLA leave to spend time with the military member who is on short-term, temporary Rest and Recuperation leave during the period of deployment.
  • An eligible employee may take leave for the duration of the Rest and Recuperation leave provided to the military member, up to a maximum of 15 calendar days, for each instance of Rest and Recuperation leave.
  • An eligible employee is not entitled to FMLA qualifying exigency leave when the military member is on other types of official leave.

Note: Prior to March 8, 2013, qualifying exigency leave for rest and recuperation leave was limited to up to five days.

In addition, qualifying exigency leave for rest and recuperation leave 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; and
  • a military member in the Regular Armed Forces on October 28, 2009.

If you have any questions regarding your ability to take qualifying exigency leave, please contact your local district office.

Return to Qualifying Exigencies or Continue to Qualifying Exigencies – Post-Deployment Activities.