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U.S. Department of Labor Seal U.S. Department of Labor

Family and Medical Leave Act Advisor

Qualifying Exigency Leave - Relationship to the Military Member

§ 825.126

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?

Return to Qualifying Exigency Leave Introduction.

UNITED STATES
DEPARTMENT OF LABOR