An employer is required to grant an eligible employee up to 12 weeks of unpaid leave if the employee experiences any of the following three events:
- the birth of a child, or the placement of a child with the employee for adoption or foster care;
- a serious health condition suffered by the employee; or
- the need to care for a spouse, child, or parent of the employee who is suffering a serious health condition.
What is a serious health condition? Under the FMLA, a serious health condition is an illness, impairment, or physical or mental condition that involves either inpatient hospital care or continuing treatment by a health care provider for three or more consecutive days. In some cases, an employee may qualify for leave based on a health condition that lasts less than three consecutive days, if it is part of a chronic serious condition, such as an asthma attack.
With respect to employees who request leave for birth or adoption of a child, FMLA leave must be taken within 12 months of the date of birth or placement. Moreover, if both the mother and father of the child work for the employer, the full amount of leave that may be taken by both of them based on the birth or placement is limited to 12 weeks, split between them however they may find appropriate.
With respect to employees who request leave for their own serious medical conditions or to care for a family member with a serious medical condition, the employer has the right to request written certification from a health care provider that the employee or family member actually is suffering from a serious medical condition. In addition, the employer can request certification from the provider that it is medically necessary or desirable that the employee provide care, if the reason for requested leave is so that an employee can care for a family member with a serious medical condition.