Family Member Called to Active Duty in a Foreign Country

If eligible, employees may be entitled to up to twelve (12) weeks of FMLA for employees whose family member is called to active duty or is currently serving in active duty. No illness or injury is required under the Exigency Leave provision.

Under FMLA eligible family members include:

  • a spouse recognized by Iowa law for purposes of marriage including common law, domestic partners of the same and opposite gender registered with University Benefits;
  • a parent, including, biological, step, adoptive, foster, or an individual that functioned as the parent;
  • a son or daughter under the age of 18, including biological, adopted, step or foster child, or legal ward. Children over 18 with a disability may also be eligible. If a family member is not eligible for FMLA, please see family caregiving leave for additional considerations.
  • For military FMLA, next of kin may also be eligible, and is defined as the nearest blood relative other than the covered service member’s spouse, parent, or child.

Eligible absences must meet one of the following seven criteria:

  • Notice of deployment,
  • military events and related activities,
  • childcare and school activities,
  • financial and legal arrangements,
  • counseling,
  • rest and recuperation, and
  • post-deployment activities.

This type of FMLA is not intended to cover the need for childcare on a routine, everyday basis, however may include arranging alternative child care. Department HR Representatives should refer to Senior HR leadership and FSDS staff for assistance in approving this type of leave.