Qualifying Exigency Leave
Now also applies to:
Family member of active duty Armed Forces (“Regular Armed Forces”) deployed to foreign country
Applied only to:
Family members of a service member of National Guard or Reserves
Thus, the spouse of a regular Army soldier deployed to Iraq would be entitled to take FMLA leave while that soldier has rest and recuperation in the U.S. However, the spouse of a regular Army soldier assigned in the U.S. would not be entitled to FMLA leave during the soldier’s rest and recuperation unless another FMLA reason applies.