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Formisano & Company Attorneys At Law

Passionate About Protecting Employee Rights

What qualifies as a valid reason for FMLA leave?

On Behalf of Formisano & Company | Jan 3, 2025 | Family And Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave a year for specific family and medical reasons. It means you can take time off work without fearing losing your job or health insurance coverage during your absence.

However, this protection is only available for qualifying reasons, and understanding whether your situation meets the criteria is essential. Below are some valid grounds for taking FMLA leave.

Serious health conditions

You may be eligible for FMLA leave if you or an immediate family member has a serious health condition. This includes illness, injuries or physical or mental conditions requiring hospitalization, ongoing medical treatment or incapacity of more than three consecutive days. Examples might include surgery, cancer treatment or a chronic condition like diabetes.

Caring for a new child

If you’ve just had a baby, adopted a child or welcomed a foster child into your home, you’re entitled to take FMLA leave to bond with them. It’s worth noting that the leave must conclude within one year of the child’s arrival.

Family members in the military

FMLA also covers situations involving a family member in the military. You can take leave to handle qualifying exigencies, such as making arrangements for childcare or attending military events if your spouse, child or parent is on active duty. 

Additionally, you can take up to 26 weeks in 12 months to care for a family member with a serious injury or illness related to military service.

Pregnancy and prenatal care

FMLA also applies to pregnancy-related conditions, such as morning sickness, bed rest or complications before or after delivery. You can also use this leave for prenatal appointments and recovery after childbirth.  

Legal guidance can be valuable when navigating FMLA leave, especially if you’re unsure of your eligibility, whether your situation qualifies or how to handle denied requests. It’s also helpful if you face retaliation, disputes or issues with reinstatement after taking protected leave.

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