Qualifying Exigencies - Childcare and School Activities
§ 825.126
What circumstances qualify for the taking of FMLA leave for childcare and school activities?
An eligible employee whose spouse, son, daughter, or parent is a military member may take FMLA leave to take care of certain childcare and school activities for a child of the military member when the need for the care is due to the covered active duty status of the military member.
The child must be the military member’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the military member stands in loco parentis who is either under age 18 or age 18 or older and incapable of self-care because of a mental or physical disability at the time that FMLA leave is to commence.
There does not have to be a relationship between the employee taking leave and the military member’s child in order for the eligible employee to take FMLA for this reason. However, it is important to remember that the military member must be the spouse, son, daughter, or parent of the employee taking leave.
Qualifying exigency leave for childcare and school activities is limited to the following reasons:
Note:
Qualifying exigency leave for childcare and school 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 childcare and school 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 Qualifying Exigencies – Financial and Legal Arrangements.