| The Family Medical Leave Act, often referred to as | | | | health condition makes the employee unable to work |
| the FMLA, guarantees that eligible employees will be | | | | may trigger the right to take FMLA leave. The serious |
| able to obtain leave upon the occurrence of certain | | | | health condition need not render the employee |
| triggering events. To be eligible to take FMLA leave, an | | | | completely unable to work, but need only make the |
| employee must work for a covered employer, work | | | | employee unable to perform the specific duties of his |
| 1,250 hours during the 12 months prior to the start of | | | | or her position. |
| leave, work at a location where 50 or more | | | | Active duty in the military. If there is a qualifying |
| employees work at that location or within 75 miles of it, | | | | exigency arising out of the fact that the employee's |
| and have worked for the employer for 12 months. | | | | spouse, child, or parent is on active duty (or about to |
| Provided that the employee is eligible, the right to leave | | | | be called to active duty) in the military, the employee |
| is triggered by one of the following events: | | | | may be entitled to take leave. Qualifying exigencies |
| Birth of a child. If a child is born to the employee and | | | | are determined by Department of Labor regulation and |
| the employee requests leave to care for the child, the | | | | include such circumstances as military events, |
| employee may use FMLA leave. A mother is entitled | | | | short-notice deployment, or child care and school |
| to up to 12 weeks of leave for the birth of a child, | | | | activities. |
| prenatal care, incapacity related to pregnancy, or for | | | | It is important to note that the federal regulations, |
| her own serious health condition following the birth of a | | | | agency interpretations, and court opinions construing |
| child. A father may use leave for the birth of a child | | | | FMLA leave are numerous and complex. The above |
| and to care for his spouse who is incapacitated as a | | | | summary of the FMLA cannot possibly address all the |
| result of pregnancy or child birth. | | | | nuances of the law. If you have any question about |
| Adoption or foster care of a child. As with the birth of | | | | whether an employee is entitled to FMLA leave in any |
| a child, an employee is entitled to leave when a child is | | | | particular instance, contact an attorney who practices |
| placed with the employee for adoption or foster care. | | | | employment law. |
| A close relative has a serious health condition. An | | | | The information provided in this article does not create |
| employee may take FMLA leave when a spouse, child, | | | | or constitute an attorney-client relationship, is not |
| or parent of the employee has a serious health | | | | intended to convey or constitute legal advice, and is |
| condition. A "serious health condition" is an illness, injury, | | | | not a substitute for obtaining legal advice from a |
| impairment, or physical or mental condition that involves | | | | qualified attorney. You should not act upon any such |
| inpatient care or continuing treatment by a health care | | | | information without first seeking qualified professional |
| provider. | | | | counsel on your specific matter. |
| The employee has a serious health condition. A serious | | | | |