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14.43 ELEMENTS OF CLAIM: WRONGFUL TERMINATION (Qualifying Exigency Leave Related to Covered Military Member)

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US-8THCIR-JURY-14-43
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http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf

14.43 Elements of Claim: Wrongful Termination (Qualifying Exigency Leave Related to Covered Military Member) is the wrongful termination of an employee due to a qualifying exigency leave related to a covered military member. Qualifying exigency leave includes absences from work to support a covered military member, such as attending military ceremonies, spending time with the service member before deployment or during duty, and attending to the service member’s affairs during deployment. In such cases, the employer may be found to have wrongfully terminated the employee in violation of the Uniformed Services Employment and Reemployment Rights Act (SERRA). There are two types of 14.43 Elements of Claim: Wrongful Termination (Qualifying Exigency Leave Related to Covered Military Member): 1. Wrongful Termination due to Exigency Leave Request: In this type, the termination of an employee is deemed wrongful because it occurred as a result of the employee’s request for an exigency leave related to a covered military member. 2. Wrongful Termination due to Employer’s Refusal to Grant Exigency Leave: In this type, the termination of an employee is deemed wrongful because it occurred due to the employer’s refusal to grant the employee’s request for an exigency leave related to a covered military member.

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FAQ

Qualifying exigencies may arise when the employee's spouse, son, daughter, or parent who is a member of the Armed Forces (including the National Guard and Reserves) and who is on covered active duty or has been notified of an impending call or order to covered active duty.

An eligible employee caring for a covered military member's child may use qualifying exigency leave to provide childcare on an urgent, immediate need basis, but not on a routine, everyday basis, where the need to provide the care arises from the active duty or call to active duty status of the covered military member.

Qualifying exigency leave, like leave for a serious health condition, is a FMLA-qualifying reason for which an eligible employee may use his or her entitlement for up to 12 workweeks of FMLA leave each year.

Military member's active duty or call to active duty status as qualifying exigency leave. Such events may include leave to spend time with a covered military member either prior to or post deployment, or to attend to household emergencies that would normally have been handled by the covered military member.

QUALIFYING EXIGENCY LEAVE ENTITLEMENTS Qualifying exigencies may arise when the employee's spouse, son, daughter, or parent who is a member of the Armed Forces (including the National Guard and Reserves) and who is on covered active duty or has been notified of an impending call or order to covered active duty.

Qualifying exigency leave, like leave for a serious health condition, is a FMLA-qualifying reason for which an eligible employee may use his or her entitlement for up to 12 workweeks of FMLA leave each year.

Qualifying exigencies arise when the spouse, son, daughter, or parent of an employee is on covered active duty in the Armed Forces, or has been notified of an impending call or order to covered active duty.

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14.43 ELEMENTS OF CLAIM: WRONGFUL TERMINATION (Qualifying Exigency Leave Related to Covered Military Member)