If an employee walks in and requests FMLA leave for a “qualified exigency” under the recent amendments to the act, you’ll have to use the new form issued by the U.S. Department of Labor.
The new form is to be used in connection with leave requests under the FMLA’s recently added military-family-leave stipulation.
- The law allows an employee to take up to 26 workweeks of leave to care for certain family members in the military who suffer a serious injury or illness in the line of duty. The amendments also permit an employee to take up to 12 weeks of FMLA leave for “any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.” The family member must be a member of the National Guard or Reserves (not regular military). Recently published regulations define “qualified exigency” to include the following:
- short-notice deployments (seven or fewer days notice)
- military events (e.g. ceremonies, briefings)
- childcare/school (making arrangements on account of call to duty)
- financial/legal arrangements related to the call to duty
- counseling related to the call to duty
- R & R leave (up to five days)
- post-deployment activities (e.g. arrival ceremonies, briefings)
- additional activities if permitted by the employer
The Department of Labor’s new form is for employers’ use when determining whether an employee is eligible for this type of leave.
The form can be found here.
