Tuesday, January 20, 2009

Department Of Labor Publishes New Military Family “Qualified Exigency” Leave Certification Form

The Department of Labor has published a new form for use in connection with “qualified exigency” leave under the FMLA’s recently added military family leave.

By way of background, on January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA).

The NDAA amends the FMLA in two ways. First, it 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.

Second, the NDAA permits 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:

(1) short-notice deployments (seven or fewer days notice);
(2) military events (e.g. ceremonies, briefings);
(3) childcare/school (e.g. time making arrangements on account of call to duty);
(4) financial/legal arrangements related to the call to duty;
(5) counseling related to the call to duty;
(6) R & R leave (up to five days);
(7) post-deployment activities (e.g. arrival ceremonies, briefings);
(8) 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: Link to DOL Qualified Exigency Leave Form

Submitted by:
Christopher W. Olmsted, Esq.
Barker Olmsted & Barnier, APLC
San Diego Employment Law Attorneys