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WHAT IS INCAPACITY? For all conditions "incapacity" means inability to work, including being unable to perform any one of the essential functions of the employee's position, or inability to attend school, or perform other regular daily activities due to the serious health condition, treatment of the serious health condition, or recovery from the serious health condition. QUALIFYING EXIGENCY LEAVE: When the employee's spouse, son or daughter (of any age), or parent is a member of the Armed Forces (including the National Guard and Reserves) is on covered active duty or has been notified of an impending call or order to covered active duty, the eligible employee may take qualifying exigency leave under FMLA for the following exigencies: a) Short notice deployment (7 or fewer days' notice); b) To make financial and legal arrangements to address the military member's absence; c) To attend counseling when the need arises from the covered active duty or call to covered active duty status of the military member; d) To attend military events and related activities; e) To spend up to 15 calendar days with the military member who is on rest and recuperation leave; f) For childcare and related activities for the military member's child while the member is on covered active duty; g) To attend post -deployment activities within 990 days of the end of the military member's covered active duty or to attend to issues arising from the death of a military member while on covered active duty; h) Parental care activities for the military member's parent who is incapable of self- care; and i) Any other event the employee and the employer agree is a qualifying exigency. The 12 -month period is measured on a "forward" basis. Leave tracked on this basis is measured forward from the date any FMLA leave first commences. LEAVE FOR COVERED SERVICEMEMBER CARE: Eligible employees may take up to 26 workweeks of leave in a single 12 -month period to care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent or next of kin of the servicemember who is: P79 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.2 7/11/2017 SUBJECT PAGE MANUAL FAMILY AND MEDICAL LEAVE FMLA 2 of 7 WHAT IS INCAPACITY? For all conditions "incapacity" means inability to work, including being unable to perform any one of the essential functions of the employee's position, or inability to attend school, or perform other regular daily activities due to the serious health condition, treatment of the serious health condition, or recovery from the serious health condition. QUALIFYING EXIGENCY LEAVE: When the employee's spouse, son or daughter (of any age), or parent is a member of the Armed Forces (including the National Guard and Reserves) is on covered active duty or has been notified of an impending call or order to covered active duty, the eligible employee may take qualifying exigency leave under FMLA for the following exigencies: a) Short notice deployment (7 or fewer days' notice); b) To make financial and legal arrangements to address the military member's absence; c) To attend counseling when the need arises from the covered active duty or call to covered active duty status of the military member; d) To attend military events and related activities; e) To spend up to 15 calendar days with the military member who is on rest and recuperation leave; f) For childcare and related activities for the military member's child while the member is on covered active duty; g) To attend post -deployment activities within 990 days of the end of the military member's covered active duty or to attend to issues arising from the death of a military member while on covered active duty; h) Parental care activities for the military member's parent who is incapable of self- care; and i) Any other event the employee and the employer agree is a qualifying exigency. The 12 -month period is measured on a "forward" basis. Leave tracked on this basis is measured forward from the date any FMLA leave first commences. LEAVE FOR COVERED SERVICEMEMBER CARE: Eligible employees may take up to 26 workweeks of leave in a single 12 -month period to care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent or next of kin of the servicemember who is: P79