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- Family and Medical Leave Act Advisor

Qualifying Exigencies - Additional Activities

§ 825.126

Do any additional activities qualify for FMLA leave?

An eligible employee whose spouse, son, daughter, or parent is a military member may take FMLA leave to address other events that arise out of the military member’s covered active duty provided that the employer and employee agree that such leave qualifies as an exigency. The employer and employee must also agree to the timing and duration of the leave.

Note:

Qualifying exigency leave for additional 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 additional 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 Military Family Leave Certifications.