FMLA:  One Way to Define a Service Member's 'Qualifying Exigency'

Written by: Bob Kistler

The recent extension of the Family and Medical Leave Act permits certain relatives and the spouses of active duty service members to take unpaid leave when the service member experiences a "qualifying exigency" in support of a "contingency operation."  The Secretary of Defense designates, or statutory provisions define, "contingency operations"; however, defining "qualifying exigency" is left to the Labor Department.

Despite the lack of a military definition, an understanding of the military is helpful in defining the term.  A "qualifying exigency" is not something those unfamiliar with the military will simply "know when they see it."

One perfect example of a "qualifying exigency" results from the Department of Defense requirement that single parents and dual military parents create a comprehensive Family Care Plan, which, among other things, puts into place procedures for child care during times of deployment (both short-term and long-term providers). Close family members, especially grandparents, are frequently chosen for the role.

Since the military defines "contingency readiness" in hours, rather than days, guardians must be prepared to receive children displaced by contingency deployments on very short notice.  While challenging for any guardian, this is particularly difficult for guardians working full-time.  Physically transporting the child to the guardian's home and arranging for child care can be time-consuming.  (Any working parent can appreciate that while the military may be ready on a moment's notice, most child care centers are not.)

While the DOL will define "qualifying exigency" in due course, any single parent or couple with both parents in the military has nightmares which leave little ambiguity regarding one conceivable meaning.  Thus, the DOL should consider such a scenario when defining or illustrating a "qualifying exigency."