Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-13 - Leave because of a qualifying exigency (29 CFR Section 825.126)

Current through July 10, 2024
(a) Eligible employees may take FMLA leave
			 for a qualifying exigency while the employee's spouse, son, daughter, or parent
			 is on covered active duty or call to covered active duty status or has been
			 notified of an impending call or order to covered active duty.
(1)
Covered active duty or call to
			 covered active duty status
in the case of a member of the Regular
			 Armed Forces means duty during the deployment of the member with the Armed
			 Forces to a foreign country. The active duty orders of a member of the Regular
			 components of the Armed Forces will generally specify if the member is deployed
			 to a foreign country.
(2)
Covered active duty or call to covered active duty status
in
			 the case of a member of the Reserve components of the Armed Forces means duty
			 during the deployment of the member with the Armed Forces to a foreign country
			 under a Federal call or order to active duty in support of a contingency
			 operation pursuant to: Section 688 of Title 10 of the United States Code, which
			 authorizes ordering to active duty retired members of the Regular Armed Forces
			 and members of the retired Reserve who retired after completing at least twenty
			 (20) years of active service; Section 12301(a) of Title 10 of the United States
			 Code, which authorizes ordering all reserve component members to active duty in
			 the case of war or national emergency; Section 12302 of Title 10 of the United
			 States Code, which authorizes ordering any unit or unassigned member of the
			 Ready Reserve to active duty; Section 12304 of Title 10 of the United States
			 Code, which authorizes ordering any unit or unassigned member of the Selected
			 Reserve and certain members of the Individual Ready Reserve to active duty;
			 Section 12305 of Title 10 of the United States Code, which authorizes the
			 suspension of promotion, retirement or separation rules for certain Reserve
			 components; Section 12406 of Title 10 of the United States Code, which
			 authorizes calling the National Guard into Federal service in certain
			 circumstances; chapter 15 of Title 10 of the United States Code, which
			 authorizes calling the National Guard and state military into Federal service
			 in the case of insurrections and national emergencies; or any other provision
			 of law during a war or during a national emergency declared by the President or
			 Congress so long as it is in support of a contingency operation.
See
10
			 U.S.C. 101(a)(13)(B).
(A) For purposes of covered active duty or
			 call to covered active duty status, the Reserve components of the Armed Forces
			 include the Army National Guard of the United States, Army Reserve, Navy
			 Reserve, Marine Corps Reserve, Air National Guard of the United States, Air
			 Force Reserve and Coast Guard Reserve, and retired members of the Regular Armed
			 Forces or Reserves who are called up in support of a contingency operation
			 pursuant to one of the provisions of law identified in subsection (a)(2) of
			 this section.
(B) The active duty
			 orders of a member of the Reserve components will generally specify if the
			 military member is serving in support of a contingency operation by citation to
			 the relevant section of Title 10 of the United States Code and/or by reference
			 to the specific name of the contingency operation and will specify that the
			 deployment is to a foreign country.
(3)
Deployment of the member with the
			 Armed Forces to a foreign country
means deployment to areas outside of
			 the United States, the District of Columbia, or any Territory or possession of
			 the United States, including international waters.
(4) A call to covered active duty for
			 purposes of leave taken because of a qualifying exigency refers to a Federal
			 call to active duty. State calls to active duty are not covered unless under
			 order of the President of the United States pursuant to one of the provisions
			 of law identified in subsection (a)(2) of this section.