Family Medical Leave Act
Your Right to Have a Family and a Job – The Family Medical Leave Act allows employees to take 12 protected weeks of unpaid leave in a 12 month period for:
- One of the best moments in the world, the birth of your child and to care for the newborn child within one year of birth.
- Another of the best moments in your and your child’s life, the placement with you of a child for adoption or foster care, and to care for the child within one year of placement.
- To care for your spouse, child or parent who has a serious health condition.
- A serious health condition that makes you unable to perform the essential functions of his or her job.
- Employee’s spouse, son, daughter, or parent is a covered military member of “covered active duty” and a qualifying exigency arises.
If you are a spouse, son, daughter, parent, or next of kin to the employee taking care of a covered service member with a serious injury, you are entitled to 26 weeks of leave during a 12 month period to care for a covered service member with a serious injury or illness who is the .
The relevant sections of the FMLA and its implementing regulations is 29 CFR Part 825. Under FMLA, “eligible employees” may take leave for, among other reasons, their own serious health conditions that make them unable to perform the essential functions of their position, or to care for immediate family members (i.e., spouse, child, or parent) with serious health conditions. Section 101(11) of FMLA defines serious health condition as “an illness, injury, impairment, or physical or mental condition that involves:
- Inpatient care in a hospital, hospice, or residential medical care facility; or
- Continuing treatment by a health care provider.”