Chapter § 1-13 29 CFR § 825.112. Qualifying Reasons for Leave, General Rule

• Jurisdiction: United States

1-13 29 CFR § 825.112. Qualifying Reasons for Leave, General Rule

(a) Circumstances qualifying for leave. Employers covered by FMLA are required to grant leave to eligible employees:

(1) For birth of a son or daughter, and to care for the newborn child (See § 825.120);

(2) For placement with the employee of a son or daughter for adoption or foster care (See § 825.121);

(3) To care for the employee's spouse, son, daughter, or parent with a serious health condition (See §§ 825.113 and 825.122);

(4) Because of a serious health condition that makes the employee unable to perform the functions of the employee's job (See §§ 825.113 and 825.123);

(5) Because of any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation (See §§ 825.122 and 825.126); and

(6) To care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member (See §§ 825.122 and 825.127).

(b) Equal application. The right to take leave under FMLA applies equally to male and female employees. A father, as well as a mother, can take family leave for the birth, placement for adoption, or foster care of a child.

(c) Active employee. In situations where the employer/employee relationship has been interrupted, such as an employee who has been on layoff, the employee must be recalled or otherwise be re-employed before being eligible for FMLA leave. Under such circumstances, an eligible employee is immediately entitled to further FMLA leave for a qualifying reason.

1-13:1 Commentary

1-13:1.1 Negative Certification

A defense to an FMLA claim is that of a "negative certification," which occurs when the employee's physician indicates that the employee does not need time...