To take FMLA leave for a qualifying exigency, the military member on covered active duty must be the spouse, son or daughter, or parent of the employee requesting leave.

Note: The definition of son or daughter includes individuals for whom the employee stood or is standing “in loco parentis”. The definition of parent includes individuals who stood “in loco parentis” to the employee. Please use the links above to learn more about these FMLA definitions.

Is the military member on covered active duty the spouse, son, daughter, or parent of the employee requesting FMLA leave?

• Yes, the military member is the spouse, son, daughter, or parent of the employee requesting leave
• No, the military member is not the spouse, son, daughter, or parent of the employee requesting leave

Return to Qualifying Exigency Leave Introduction.