Exigency Leave allows employees time off to handle urgent matters because of a family member's active duty or call to active duty. The current Family and Medical Leave Act (FMLA) regulations limit this leave to family members of a member of the National Guard or Reserves. Regulations have been updated to include exigency leave for family members of all covered active duty service members, including members in the regular Armed Forces.

New FMLA Regulations

The Department of Labor revised the FMLA regulations to include the latest amendments signed into law by President Obama on October 28, 2009 under the National Defense Authorization Act (NDAA). Employers will need to review and revise their FMLA leave policies and forms to include the expanded exigency and military caregiver leave options.

Qualifying for Leave

To take either exigency or military caregiver leave, your employer must qualify to provide leave and you, as the employee, must qualify for the leave.

Employers Covered by FMLA

Not all employers are required to provide military family leave to their employees. The FMLA covers only public agencies, such as state and federal employers, and private employers with at least 50 employees.

Employee Requirements

Even if your employer is covered by the FMLA that doesn't necessarily mean you’re entitled to take military family leave. You must have:

• Worked for the employer for at least 12 months
• Worked at least 1,250 hours over the previous 12 month period
• Work at a location where at least 50 employees are employed by the employer within 75 miles

If your employer and you are covered by the FMLA, then you may qualify for either exigency leave or military caregiver leave.

Activities that are considered qualifying include:

• Short notice deployment
• Military events and related activities
• Childcare and school activities
• Financial and life arrangements
• Counseling
• Rest and recuperation
• Post-deployment activities
• Other activities agreed to by the employer and employee

Eligible employees may take up to 12 weeks of unpaid FMLA leave in a single 12-month period.

Caregiver Leave

The second type of military family leave is military caregiver leave. Under the current FMLA regulations, this type of leave may be taken by an eligible employee to care for a seriously injured or ill member of the Regular Armed Forces, National Guard or Reserves.

FMLA regulations will be updated to include the NDAA revisions expanding military caregiver leave. Family members can now care for veterans undergoing medical treatment, recuperation or therapy for a serious injury or illness occurring in the line of duty. It now includes caring for worsening injuries that were previously received. However, the veteran must have been a member of the military at some point within five years before the start of treatment.

An employee may take up to 26 weeks in a single 12 month period of unpaid FMLA leave to care for a seriously ill or injured service member or to care for a service member whose pre-existing injury or illness was aggravated in the line of duty.

Questions for Your Attorney

• Are all employers required to provide military family leave to their employees?
• May I take exigency leave if my daughter is on active duty and is over 18 years old?
• Can the total time of leave exceed 26 weeks if the caregiver needs to take leave to care for multiple service members?

Related Resources on Lawyers.com^sm

– Family Medical Leave Act
– Family and Medical Leave Act For Employers
– Time Out and Off Work
– Employment Leave under the Family Medical Leave Act
– Find a Employment Law Lawyer in your area
– Access hundreds of Personal Legal Forms that cover a range of personal legal needs
– Visit Lawyers.com^smEmployment Law for Employees Forum for more feedback and help