Military Exigency Leave

It is the policy of Spelman College to provide Military Exigency Leave to eligible employees in accordance with the federal Family and Medical Leave Act of 1993 (FMLA) and new revisions to the FMLA effective January 16, 2009. This policy sets forth your rights and obligations under FMLA.

To be eligible for family and medical leave, an employee must have: (1) worked for the College for at least twelve months prior to the date on which the leave is to commence; and (2) worked for at least 1,250 hours in the 12 months preceding the leave. In the event that an employee’s leave begins prior to the attainment of 12 months of service, but extends beyond the 12 months of service milestone, that employee’s leave becomes FMLA qualifying only following the 12 months of service milestone.

Military Exigency Leave is leave available when an employee’s spouse, son, daughter, or parent is a “covered military member” on active duty (or has been notified of an impending call to order or active duty) in support of a contingency operation. For the purposes of this policy, “covered military members” are members of the National Guard or Army Reserves, not the Regular Armed Forces (US Army, Navy, Air Force or Marines). Military Exigency Leave is also not applicable to state calls to active duty, unless by order of the President of the United States. Military Exigency Leave is to be factored into the total 12 weeks of leave allotted under the FMLA for each 12 month period.

In the event of foreseeable Military Exigency Leave, notice must be provided to the Office of Human Resources by the employee as soon as practicable, regardless of how far in advance such leave is foreseeable. The College may require a copy of active duty orders or other military documentation once for each active duty or call to active duty status. The College may also require certification of related information.

Events qualifying for Military Exigency Leave include but are not limited to:

  • Short Notice Deployment (7-day period);
  • Military events and related activities;
  • Childcare and school activities;
  • Financial and legal arrangements;
  • Counseling;
  • Rest and recuperation (5 days for each instance);
  • Post-deployment activities (for a period of up to 90 days after termination of active duty status); and Additional activities (employer/employee agreement).
  • Policy No.  602-B