Practical Law Glossary Item 5-502-3433 (Approx. 3 pages)
Glossary
Qualifying Exigency
A permitted reason for military-related leave under the Family and Medical Leave Act (FMLA). Qualifying exigencies for military-related FMLA leave include:
Short notice of military deployment involving seven or fewer days of advance notice and allowing up to seven days of leave.
Military events and activities relating to covered active duty or call to covered active duty status.
Childcare and school activities for a covered child when those activities are necessitated by the military member's covered active duty or call to covered active duty.
Financial or legal arrangements for or on behalf of a military member during covered active duty or call to covered active duty.
Counseling by a non-health care provider for the military member, spouse, or a covered child of the military member, provided that the need for counseling arises from the covered active duty or call to covered active duty status of the military member.
Short-term, temporary Rest and Recuperation leave during deployment.
Certain post-deployment activities.
Parental care if the military member's parent is incapable of self-care and the activities are necessitated by the military member's covered active duty or call to covered active duty.
Other events recognized by employer and employee to be qualifying exigencies. The employer and employee should mutually agree on the timing and duration of that leave.