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- Family and Medical Leave Act Advisor

Qualifying Exigencies - Short-Notice Deployment

§ 825.126

Under what circumstances can FMLA leave be taken for a short-notice deployment?

  • An eligible employee whose spouse, son, daughter, or parent is a military member may take FMLA leave to address any issue that arises from the fact that the military member is notified of an impending call or order to covered active duty seven or less calendar days prior to the date of deployment.
  • Leave taken for this purpose can be used for a period of seven calendar days beginning on the date the military member is notified of the impending call or order to covered active duty.
  • An eligible employee may also take leave for issues that arise after the seven-day period has ended if the reason for the leave meets the criteria for another category of qualifying exigency leave.

Note:

Qualifying exigency leave for short-notice deployment 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 short-notice deployment 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 – Military Events and Related Activities.