Section 5 Covered Leaves

• Library: Emp-Emp Law 2000

Eligible employees are entitled to twelve weeks unpaid leave during any twelve-month period for the following reasons:

• For the birth of a child and to care for the child

• To place a child with the employee for adoption or foster care

• To care for the employee’s spouse, child, or parent if that person has a serious health condition

• To care for the employee’s own serious health condition that makes the employee unable to perform the functions of the position

29 U.S.C. § 2612(a).

An employee is deemed to be unable to perform the functions of the position if a health care provider finds that the employee cannot perform any one of the essential functions of the position within the meaning of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101, et seq.; 29 C.F.R. § 825.115.

A “serious health condition” is defined as an illness, injury, or impairment or mental condition that involves inpatient care or continuing treatment...