An employee who is otherwise eligible for FMLA leave must still experience a qualifying event to be entitled to take leave. FMLA does not include time off for other family-related activities such as attending parent–teacher conferences or obtaining counseling for marital problems. Both males and females are entitled to parental leave. Entitlement to parental leave under the FMLA generally expires twelve months from the date of the birth, adoption, or foster care placement. If an expectant mother’s medical condition warrants that leave begin before the birth of a child, such leave is available under the qualifying event of a serious health condition. The definition of “serious health condition” is complex. This term is far more inclusive than “disability,” but it still does not encompass all medical problems of an employee or a family member. Basically, a serious health condition is a medical condition that involves either inpatient care in a hospital or continuing treatment by a health-care provider. A serious health condition involving inpatient care includes not only the actual period of hospitalization but also any period of incapacity and time needed for subsequent treatment of the condition. Serious health conditions involving continuing treatment by a health-care provider include the following. Conditions that result in periods of incapacity of more than three consecutive calendar days and either two or more treatments by health-care providers. Any periods of incapacity relating to pregnancy or prenatal care. Any periods of incapacity, including subsequent treatment, due to chronic, serious health conditions (e.g., asthma, diabetes) for which at least two visits to a health-care provider are made per year. The right to take leave for the serious health conditions of family members is limited to immediate family members. Thus, employers are not required to grant leave so that employees can provide care to grandparents, aunts or uncles, or even in-laws. A person taking leave based on the serious health condition of a family member must actually provide physical or psychological care. Employers may require that requests for leave based on serious health conditions be supported by certifications from health-care providers. Employees must be given at least fifteen days to obtain this medical documentation.

Employmentemployment lawemployment lawsemployeeemployeremployee rightsemployer responsibilitylawsuitlawsuitscase lawdisparate impactdisparate treatmentdiscriminationworkforceworkplacemanagersAffirmative actionTitle VIIEEOCequal employment opportunityharassmentFamily Medical Leave ActFMLAAmericans with Disabilities ActADAaccommodationdisabilityNational Labor Relations ActNLRAFMLA qualifying eventsqualifying eventsFMLA eligibility