Qualifying for FMLA

Family Medical Leave (FML) is unpaid leave used to provide a guaranteed amount of time, job protection, and continued benefits to eligible employees for reasons defined by the Family Medical Leave Act (FMLA) , and include:
  • Addition of a child, including placement of a foster child and placement for adoption.
  • Serious health condition of a parent, child, spouse, or self. Child for health-related FMLA is defined the same as under sick leave (under 18 or over 18 if incapable of self care due to a physical or mental disability at the time leave is to commence).
  • Active duty (military) family leave for a member of the Armed Forces (including the National Guard or Reserves) deployed to a foreign country. 
  • Military caregiver leave for a member of the Armed Forces (including the National Guard or Reserves). In this case, next of kin is also eligible. Next of kin means nearest blood relative other than the covered service member’s spouse, parent, or child in the following priority order: relatives granted legal ward or custody through court order, siblings, grandparents, aunts and uncles, and first cousins. If the servicemember has declared a next of kin, only that individual is considered next of kin. If the servicemember has not declared a next of kin, all those in a category mentioned above are considered next of kin and eligible for the leave, e.g., all siblings, all grandparents if no siblings, and so on. Departments may ask for supporting documentation of the relationship (e.g., the declaration of next of kin).
  • Military caregiver leave also covers employees whose parent, child, spouse, or next of kin is a veteran undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including the National Guard or Reserves) at any time during the 5-year period preceding the date on which the veteran underwent service-related medical treatment, recuperation, or therapy.
  • The Family Care Act entitles the employee to leave to care for the serious health condition, as defined by the FMLA, of their partner in a civil union or registered domestic partnership.