University of Illinois System

Qualifying Exigency

A "qualifying exigency" includes the following activities:

  1. Short-notice deployment
    • To address any issue that arise from the fact that a covered military member is notified of an impending call or order to active duty seven or less calendar days prior to the date of deployment
    • Leave taken for this purpose can be used for a period of seven calendar days beginning on the date the covered military member is notified of an impending call or order to active duty

     

  2. Military events and related activities
    • To attend any official ceremony, program, or event sponsored by the military
    • To attend family support and assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross that are related to the active duty or call to active duty status of a covered military member

     

  3. Childcare and school activities, necessitated by the military member's active duty or call to active duty status
    • To arrange for alternative childcare
    • To provide childcare on an urgent, immediate need basis (but not on a routine, regular, or everyday basis)
    • To enroll the child in or transfer the child to a new school or day care facility
    • To attend meetings with staff at a school or day care facility, such as meetings with school officials regarding disciplinary measures, parent-teacher conferences, or meetings with school counselors (but not on a routine, regular, or everyday basis)

     

  4. Financial and legal arrangements
    • To make or update financial or legal arrangements to address the covered military member's absence, such as preparing and executing financial and healthcare powers of attorney, transferring bank account signature authority, enrolling in the Defense Enrollment Eligibility Reporting System (DEERS), obtaining military identification cards, or preparing or updating a will or living trust
    • To act as the covered military member's representative before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits while the covered military member is on active duty or call to active duty status (and for a period of 90 days following the termination of the covered military member's active duty status)

     

  5. Counseling, necessitated by the military member's active duty or call to active duty status
    • To attend counseling provided by someone other than a healthcare provider for oneself, for the covered military member, or for the covered military member's child
    • NOTE: if medical counseling is needed, the employee may be able to take regular FMLA leave due to the "serious health condition" of the employee or of a military member who is the employee's spouse, parent, or son or daughter

     

  6. Rest and Recuperation
    • To spend time with a covered military member who is on short-term, temporary rest and recuperation leave during the period of deployment
    • Eligible employees may take up to fifteen days of leave for each instance of rest and recuperation

     

  7. Post-deployment activities
    • To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following the termination of the covered military member's active duty
    • To address issues that arise from the death of a covered military member while on active duty status, such as meeting and recovering the body of the covered military member and making funeral arrangements

     

  8. Additional Activities
    • Must arise out of the covered military member's active duty or call to active duty status
    • Employer and employee agree that such leave shall qualify as an exigency, and agree to both the timing and duration of such leave