Connecticut Administrative Code
Title 31 - Labor
51qq - The Family and Medical Leave Act
Section 31-51qq-49 - What is qualifying exigency leave?
Universal Citation: CT Reg of State Agencies 31-51qq-49
Current through December 12, 2024
(a) Eligible employees may take FMLA leave for a qualifying exigency while the employee's spouse, son, daughter, or parent (the "military member" or "member") is on active duty, or has been notified of an impending call or order to active duty, in the Armed Forces. A call to active duty for purposes of leave taken because of a qualifying exigency refers to a call to active duty under Titles 10 or 32 of the United States Code, as amended from time to time.
(b) An eligible employee may take FMLA leave for one (1) or more of the following qualifying exigencies:
(1)
Short-notice deployment.
(A) To address any issue that arises from
the fact that the military member is notified of an impending call or order to
active duty seven (7) or less calendar days prior to the date of deployment;
and
(B) Leave taken for this
purpose can be used for a period of seven (7) calendar days beginning on the
date the military member is notified of an impending call or order to active
duty;
(2)
Military
events and related activities.
(A) To
attend any official ceremony, program, or event sponsored by the military that
is related to active duty or the impending call or order to active duty of the
military member; and
(B) To attend
family support or assistance programs and informational briefings sponsored or
promoted by the military, military service organizations, or the American Red
Cross that are related to active duty or the impending call or order to active
duty of the military member;
(3)
Childcare and school activities.
For the purposes of leave for childcare and school activities listed in
subparagraphs (A) through (D), inclusive, of this subdivision, a child of the
military member shall be the military member's biological, adopted, or foster
child, stepchild, legal ward, or child for whom the military member stands in
loco parentis, who is either under eighteen (18) years of age or eighteen (18)
years of age or older and incapable of self-care because of a mental or
physical disability at the time that FMLA leave is to commence. For purposes of
this subsection, "incapable of self-care" and "mental or physical disability"
have the meanings set forth in regulations adopted by the United States
Secretary of Labor. As with all instances of qualifying exigency leave, the
military member shall be the spouse, son, daughter, or parent of the employee
requesting qualifying exigency leave.
(A) To
arrange for alternative childcare for a child of the military member when the
active duty status, or notification of the impending call or order to active
duty status, of the military member necessitates a change in the existing
childcare arrangement;
(B) To
provide childcare for a child of the military member on an urgent, immediate
need basis (but not on a routine, regular, or everyday basis) when the need to
provide such care arises from the active duty, or the notification of an
impending call or order to active duty, of the military member;
(C) To enroll in or transfer to a new school
or day care facility a child of the military member when enrollment or transfer
is necessitated by the active duty, or the notification of an impending call or
order to active duty, of the military member; and
(D) To attend meetings with staff at a school
or a daycare facility, such as meetings with school officials regarding
disciplinary measures, parent-teacher conferences, or meetings with school
counselors, for a child of the military member, when such meetings are
necessary due to circumstances arising from the active duty, or the
notification of an impending call or order to active duty, of the military
member;
(4)
Financial and legal arrangements.
(A) To make or update financial or legal
arrangements to address the military member's absence while on active duty, or
where notified of an impending call or order to active duty, 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; and
(B) To act as the military member's
representative before a federal, state, or local agency for purposes of
obtaining, arranging, or appealing military service benefits while the military
member is on active duty, or where notified of an impending call or order to
active duty, and for a period of ninety (90) days following the termination of
the military member's active duty status;
(5)
Counseling. To attend
counseling provided by someone other than a health care provider, for oneself,
for the military member, or for the biological, adopted, or foster child, a
stepchild, or a legal ward of the military member, or a child for whom the
military member stands in loco parentis, who is either under age eighteen (18),
or age eighteen (18) or older and incapable of self-care because of a mental or
physical disability at the time that FMLA leave is to commence, provided that
the need for counseling arises from the active duty, or notification of an
impending call or order to active duty, of the military member. For purposes of
this subsection, "incapable of self-care" and "mental or physical disability"
have the meanings set forth in regulations adopted by the United States
Secretary of Labor;
(6)
Rest
and Recuperation.
(A) To spend time
with the military member who is on short-term, temporary, Rest and Recuperation
leave during the period of deployment;
(B) Leave taken for this purpose can be used
for a period of fifteen (15) calendar days beginning on the date the military
member commences each instance of Rest and Recuperation leave;
(7)
Post-deployment
activities.
(A) To attend arrival
ceremonies, reintegration briefings and events, and any other official ceremony
or program sponsored by the military for a period of ninety (90) days following
the termination of the military member's active duty status; and
(B) To address issues that arise from the
death of the military member while on active duty status, such as meeting and
recovering the body of the military member, making funeral arrangements, and
attending funeral services;
(8)
Parental care. For purposes
of leave for parental care listed in subparagraphs (A) through (D), inclusive
of this subdivision, the parent of the military member shall be incapable of
self-care and shall be the military member's biological, adoptive, step, or
foster father or mother, or any other individual who stood in loco parentis to
the military member when the member was under eighteen (18) years of age. A
parent who is incapable of self-care means that the parent requires active
assistance or supervision to provide daily self-care in three (3) or more of
the activities of daily living or instrumental activities of daily living.
Activities of daily living include adaptive activities such as caring
appropriately for one's grooming and hygiene, bathing, dressing, and eating.
Instrumental activities of daily living include cooking, cleaning, shopping,
taking public transportation, paying bills, maintaining a residence, using
telephones and directories, using a post office, etc. As with all instances of
qualifying exigency leave, the military member shall be the spouse, son,
daughter, or parent of the employee requesting qualifying exigency leave.
(A) To arrange for alternative care for a
parent of the military member when the parent is incapable of self-care and the
active duty status, or notification of impending call or order to active duty
status, of the military member necessitates a change in the existing care
arrangement for the parent;
(B) To
provide care for a parent of the military member on an urgent, immediate need
basis (but not on a routine, regular, or everyday basis) when the parent is
incapable of self-care and the need to provide such care arises from the active
duty status, or notification of impending call or order to active duty status,
of the military member;
(C) To
admit to or transfer to a care facility a parent of the military member when
admittance or transfer is necessitated by the active duty status, or
notification of impending call or order to active duty status, of the military
member; and
(D) To attend meetings
with staff at a care facility, such as meetings with hospice or social service
providers for a parent of the military member, when such meetings are necessary
due to circumstances arising from the active duty status, or notification of
impending call or order to active duty status, of the military member but not
for routine or regular meetings;
(9)
Additional activities. To
address other events which arise out of the military member's active duty
status, or notification of impending call or order to active duty status,
provided that the employer and employee agree that such leave shall qualify as
an exigency, and agree to both the timing and duration of such leave.
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