What Are Qualifying Reasons for Leave Under the Family and Medical Leave Act?

The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave per year for the following reasons:

  • Because of the birth of a child and to care for the newborn child;
  • Because of the placement of a child with the employee for adoption or foster care;
  • Because the employee is needed to care for a family member with a “serious health condition;”
  • Because of the employee’s own “serious health condition” that makes the employee unable to perform the functions of his or her position; or
  • Because of any “qualifying exigency” arising out of the fact that the employee’s spouse, son, daughter, or parent is on “covered active duty” (or has been notified of an impending call or order to covered active duty) in the Armed Forces.

In addition, 26 weeks of leave during a single 12-month period is available under the FMLA for “covered servicemember leave,” also known as “military caregiver leave.”  See 29 U.S.C. § 2612.

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on July 18, 2011, in Family and Medical Leave Act and tagged . Bookmark the permalink. Leave a comment.

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