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- Family and Medical Leave Act Advisor

Qualifying Exigency Leave Certification - Active Duty Orders

§ 825.309

The first time an employee requests leave because of a qualifying exigency, an employer may require that employee to provide a copy of the military member’s active duty orders or other documentation issued by the military indicating that the military member is on covered active duty and the dates of the covered active duty service.

This information need only be provided to the employer once. However, a copy of new active duty orders or other documentation issued by the military may be required by the employer if the need for leave because of a qualifying exigency arises out of a different covered active duty order, whether for the same or a different military member.

Continue to Qualifying Exigency Leave Certification – Required Information or Return to Military Family Leave Certifications.