HRDG 4630 - Absence and Leave - Section F - Subsection c

HRDG 4630 - Absence and Leave - Section F - Subsection c

Subchapter 4630 - Absence and Leave 
Section F - Family and Medical Leave
Subsection c - - FMLA for a Qualifying Exigency Added 01-11


 

 

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Description 
Added 01-11

Employees may be granted up to 12 administrative work weeks of unpaid FMLA leave during any 12-month period for a qualifying exigency occurring as a result of the employee's spouse, son, daughter, or parent being on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces. (See National Defense Authorization Act [NDAA] for Fiscal Year 2010 [Pub. L. 111-84, 10-28-09.])

For a qualifying exigency, leave may be used:

  • Intermittently, or
  • On a reduced leave schedule.


Employees may substitute annual or sick leave, as appropriate, for any unpaid leave.

When the qualifying exigency leave is foreseeable, employees must provide reasonable notice to the supervisor.

Definitions 
Added 01-11
Updated 10/13
What is a Qualifying Exigency? 
Added 01-11
 
A “qualifying exigency” is an event entitling an employee to FMLA leave. While not all inclusive, qualifying exigency leave may be used as described below.
Type of Activity: Leave may be granted to:
Short-notice deployment Address any issue that arises when a military member is notified seven (7) or fewer calendar days prior to the date of deployment of an impending call or order to covered active duty.
Military events and related activities
  • Attend any official ceremony, program, or event sponsored by the military, or
  • Attend family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross that are related to the covered active duty or call to covered active duty status.
Childcare and School Activities
  • Arrange for alternative childcare when the covered active duty or call to covered active duty status necessitates a change in the existing childcare arrangement for a biological, adopted, or foster child, stepchild, or a legal ward of a military member, or a child for whom a 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/physical disability at the time that FMLA leave is to commence.
  • Provide childcare on an urgent, immediate need basis (but not on a routine, regular or everyday basis) when the need to provide such care arises from the covered active duty or call to covered active duty for a biological, adopted, or foster child, stepchild, or a legal ward of a military member, or a child for whom a 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.
  • Enroll in or transfer to a new school or daycare facility for a biological, adopted, or foster child, stepchild, or a legal ward of a military member, or a child for whom a 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 when enrollment or transfer is necessitated by the covered active duty or call to covered active duty status.
  • Attend meetings with staff at a school or a daycare facility, such as meetings with school officials regarding disciplinary measures, parent-teacher conferences, or meetings with school counselors, for a biological, adopted, or foster child, stepchild, or a legal ward of a military member, or a child for whom a 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 when such meetings are necessary due to circumstances arising from the covered active duty or call to covered active duty status.
Financial and Legal Arrangements
  • Make or update financial or legal arrangements to address the military member's absence while on covered active duty or call to covered active duty status, such as preparing and executing financial and health care powers of attorney, transferring bank account signature authority, enrolling in the Defense Enrollment Eligibility Reporting System (DEERS), obtaining military ID cards, or preparing or updating a will or living trust.
  • Act as the military member's representative before a Federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits while the military member is on covered active duty or call to covered active duty status, and for a period of 90 days following the termination of the military member's covered active duty status.
Counseling Attend counseling provided by someone other than a health care provider for oneself; for the military member; or for the biological, adopted, or foster child, stepchild, or a legal ward of a military member, or a child for whom a 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 provided in all cases that the need for counseling arises from the covered active duty or call to covered active duty status.
Rest and Recuperation Spend time with a military member who is on short-term, temporary, rest and recuperation leave during the period of deployment.
Post-deployment Activities
  • Attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following the termination of the military member's covered active duty status.
  • Address issues that arise from the death of a military member, such as meeting and recovering the body of the military member and making funeral arrangements.
Additional Activities Address other events which arise out of the military member's covered active duty or call to covered active duty status provided that the employing agency and employee agree that such leave shall qualify as an exigency, and agree to both the timing and duration of such leave.

 

Exclusions 
Added 01-11
Voluntary active duty (under 10 U.S.C. 12301 [d]) or annual training duty (under 10 U.S.C. 10147 or 12301 [b]) is excluded.
Eligibility 
Added 01-11

In order for an employee to be eligible to use FMLA leave for a qualifying exigency for a member of a reserve component of the Armed Forces, the reservist must be:

  • Deployed under a call or order to active duty in a foreign country (under 10 U.S.C. 101 [a] [13] [B]) and,
  • Must be covered by one of the following Title 10 U.S.C. provisions:
U.S.C. Section: Authorizes:
688 Ordering to active duty retired members of the Regular Armed Forces and members of the retired Reserve who retired after completing at least 20 years of active service.
12301(a) Ordering all reserve component members to active duty in the case of war or national emergency.
12302 Ordering any unit or unassigned member of the Ready Reserve to active duty.
12304 Ordering any unit or unassigned member of the Selected Reserve and certain members of the Individual Ready Reserve to active duty.
12305 The suspension of promotion, retirement or separation rules for certain Reserve components.
12406 Calling the National Guard into Federal service in certain circumstances.
Chapter 15
(Including Sections 331, 332, and 333)
Calling the National Guard and state military into Federal service in the case of insurrections and national emergencies.
  Any other provision of law during a war or national emergency declared by the President or Congress.

 

Documentation to Support a FMLA Request for a Qualifying Exigency
Added 01-11 

Until OPM develops Federal forms, the DOL Form WH-384 (PDF) must be used for documentation purposes.

Note: The DOL form contains citations of DOL's regulations which are not applicable authority for Federal employees governed by OPM's FMLA authorities.

Also, the first time an employee requests leave under these provisions, the Program may require the employee to provide:

  • A copy of the covered military member's active duty orders or other documentation issued by the military which indicates that the covered military member is on covered active duty or call to covered active duty status,
  • The dates of the covered military member's active duty service,
  • A signed employee statement or description of appropriate facts regarding the qualifying exigency. It must identify the type of qualifying exigency and any available written documentation that supports the leave request, e.g., a copy of a meeting announcement for informational briefings sponsored by the military, a document confirming an appointment with a counselor or school official, or a copy of a bill for services for the handling of legal or financial affairs,
  • Approximate date the exigency will commence (or had commenced),
  • If the request is for a single, continuous period of time, the beginning and ending dates for the absence,
  • If the request is on an intermittent or reduced schedule basis, an estimate of its frequency and duration, and
  • If the request is due to meeting with a third party, appropriate contact information for the individual or entity with whom the employee is meeting, e.g. name, title, organization, address, telephone, fax number, email address and a brief description of the purpose of the meeting.


The information only needs to be provided once, however, a copy of new active duty orders or other documentation issued by the military must be provided to the Program if the need for the leave occurs due to a different covered active duty or call to covered active duty status of the same or a different covered military member.

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