Employees
are entitled to use qualifying exigency leave to take care of their children
when the need arises from the covered active duty or call to covered active
duty status of his or her spouse. For
example, employees can use qualifying exigency leave to arrange for alternative
childcare, provide childcare on an urgent, immediate need basis, enroll in or
transfer the child to a new school or daycare, and attend meetings with staff
at a school or daycare facility, such as meetings with school officials
regarding disciplinary measures, parent-teacher conferences, or meetings with
school counselors. Qualifying exigency
leave is available for these tasks , when necessary due to circumstances
arising from the covered active duty or call to covered active duty status of the
spouse, but not to regularly perform these
tasks.
An
agency may require that leave for any qualifying exigency be supported by a
certification from the employee that sets forth the following information:
- A
statement or description, signed by the employee, of appropriate facts
regarding the qualifying exigency for which FMLA leave is requested. The facts must be sufficient to support the
need for leave. Such facts include the
type of qualifying exigency for which leave is requested and any available
written documentation that supports the request for leave, such as a copy of a
meeting announcement for informational briefings sponsored by the military, a
document confirming an appointment with a counselor or school official, or a
copy of a bill for services for the handling of legal or financial affairs;
- The
approximate date on which the qualifying exigency commenced or will commence;
- If
an employee requests leave because of a qualifying exigency for a single,
continuous period of time, the beginning and end dates for such absence;
- If
an employee requests leave because of a qualifying exigency on an intermittent
or reduced leave schedule basis, an estimate of the frequency and duration of
the qualifying exigency; and
- If
the qualifying exigency involves meeting with a third party, appropriate
contact information for the individual or entity with whom the employee is
meeting (such as the name, title, organization, address, telephone number, fax
number, and e-mail address) and a brief description of the purpose of the
meeting.
The
Department of Labor (DOL) Wage and Hour Division has developed an optional form
(Form WH-384) to use in
obtaining a certification that meets the qualifying exigency certification
requirements. The DOL form is optional and reflects certification requirements
so as to permit employees to furnish appropriate information to support their
request for leave because of a qualifying exigency. Agencies may use Form
WH-384 or another document containing the same basic information for qualifying
exigency purposes.
Please
see our FMLA
Qualifying Exigency Leave Fact Sheet for more information.