FMLA: Military Notification

Leave is available to covered family members of members of the National Guard or Reserves, or of retired military, who are on active duty, called to active duty, or are notified that they will be called to active duty in support of a contingency operation, as that is defined in various statutes governing military service. Leave is not available to regular members of the Armed Forces, and it is normally not available to members of state militias, unless they are called up in support of a U.S. operation.

The regulations define eight categories of “qualifying exigencies”:

  • short-notice deployment (7 days notice or less and only available for 7 days total);
  • military events and related activities (such as ceremonies and briefings);
  • child care and school activities (for non-routine matters);
  • financial and legal arrangements;
  • counseling;
  • rest and relaxation (up to 5 days);
  • post-deployment activities (including debriefings or funeral services for up to 90 days following the termination of the covered military member’s active duty status); and
  • any additional activities agreed to by employer and employee.