Understanding the Family and Medical Leave Act (FMLA): Common Reasons and Examples

The Family and Medical Leave Act gives you the right to take time off when major life events happen. If you're wondering what situations qualify for FMLA leave, we’ve put together a clear overview with real-world examples to help you understand your options.

Who’s Covered By The FMLA?

Not everyone is automatically entitled to FMLA leave—there are a few criteria you’ll need to meet first. Below, we break down who qualifies and which employers are required to comply with the law.

You may be eligible for FMLA leave if:

• You’ve worked for your employer for at least 12 months (not necessarily consecutively),
• You’ve put in 1,250 hours over the past year 
• You work at a location with 50 or more employees within 75 miles.

Covered employers, in this case, may include:

• Private businesses with 50-plus employees
• Government agencies (federal, state, and local)
• Public and private schools

The FMLA gives you up to 12 weeks of job-protected leave. The leave is usually unpaid, but with continued health benefits. You may also be eligible for up to 26 weeks in certain military caregiving cases.

Common Reasons to Take FMLA Leave

People take FMLA leave for a variety of personal and family-related reasons. Here are some of the most common—and how they typically unfold in real life.

1. Bonding With a Newborn

If you or your partner just had a baby, you can use FMLA leave for bonding time. Both parents are entitled to the same protection, regardless of gender. You’ve got 12 months from the date of birth to use this leave.

Examples:

• John’s wife gives birth in March, but John waits until June to take 10 weeks of bonding time while they visit family.
• Matthew’s child is born via a surrogate. He takes 12 weeks of FMLA leave for bonding right after the baby’s birth.

2. Adoption Or Foster Care Placement

FMLA leave also covers adoption or foster care. You can use it:

• When the child is first placed with you
• To bond with the child after placement
• Or even beforehand, for court appearances, medical exams, or international travel

Example:

• Keith travels overseas for adoption paperwork and court hearings. Once the adoption is finalized, he uses additional FMLA leave to bond with the child.

3. Your Own Serious Health Condition

If you’re dealing with a health issue that keeps you from working, be it short-term, ongoing, or chronic, you may be eligible for FMLA leave.

This includes conditions that require:

• Time off for medical treatment
• Recovery periods
• Ongoing management of a chronic illness

Examples:

• Andrew takes leave for recurring migraines that prevent him from working.
• Trisha uses FMLA leave to manage a chronic condition that flares up occasionally and requires nursing care.

4. Caring For a Family Member With a Serious Health Condition

FMLA leave isn’t just for your health; it’s also usually available when someone close to you needs help. For perspective, usually, you can use it to care for a:

• Spouse
• Child
• Parent
• Or “in loco parentis” (more on that below)

Keep in mind that ‘care’ in this context includes everything from physical to emotional support during recovery.

Examples:

• Sarah takes her son to regular treatments for a chronic condition and stays home during recovery.
• Sharon cares for her spouse during surgery and recovery from a gastric bypass. 

5. Military Family Leave

If a family member is deployed overseas, you may be able to take FMLA leave to:

• Make childcare arrangements
• Handle financial or legal issues
• Attend military briefings or ceremonies
• Spend time with them during Rest & Recuperation leave

Example:

• Lucia helps enroll his granddaughter in school after his son is deployed. He also uses FMLA leave when his son returns for two weeks of rest.

6. Military Caregiver Leave

This one’s a little different. If your spouse, child, parent, or next of kin is a current servicemember or veteran with a serious injury or illness, you can take up to 26 weeks off to help care for them.

Examples:

• Lily’s daughter is injured in active duty. Lily uses FMLA leave to fly overseas and support her during inpatient care, and later for outpatient rehab and therapy.
• Charles’ father is a veteran who suffers from combat-related seizures. Charles takes FMLA leave to accompany him to his treatments.

Defining “Family” Under FMLA

The law covers more than just the traditional nuclear family. Here's a quick guide to the definition of family under the FMLA:

Spouse

The term spouse includes husbands, wives, and spouses in same-sex and common-law marriages. The FMLA recognizes any marriage that is legally valid in at least one U.S. state, including those performed outside the country.

Parent

Under the FMLA, parents can be biological, adoptive, step, or foster parents. Also, anyone who acted like a parent when you were a child is considered an actual parent under FMLA.

Child

Covers biological, adopted, foster, and stepchildren, as well as legal wards and any child for whom you have day-to-day responsibilities or act as a parent, regardless of legal status.

Next of Kin

Next of kin refers to the nearest blood relative of a service member, excluding a spouse, parent, or child.

In Loco Parentis

This refers to someone who assumed a parental role, even without a legal or biological relationship, such as a grandparent, aunt, or family friend who raised you or provided day-to-day care.

You can also use FMLA leave to care for someone who stood in as a parent to you, even if there’s no biological or legal connection.

What About Intermittent Or Part-Time Leave?

FMLA doesn’t have to be used all at once. If medically necessary, you can take leave:

• In separate blocks of time
• By reducing your work hours each day or week

However, if you’re using FMLA for bonding (like with a new baby), intermittent leave has to be approved by your employer.

Will You Need To Provide Certification?

Your employer may ask for a medical certification to verify a serious health condition (yours or a family member’s). If the reason for taking your FMLA leave is military-related, they may ask for military certification for deployment or caregiver leave.

That said, employers cannot request certification for bonding with a newborn, a newly adopted, or a newly fostered child.

What If the Spouses Work at The Same Company?

If you and your spouse work for the same employer, you might have to split your leave time for certain reasons. A good example is when you want to take leave to bond with a child or care for a parent. Other types of leave, like for your own illness or military caregiving, are not subject to this limit.

Don’t Forget About State Laws

Some states go beyond the FMLA by offering additional benefits, such as paid leave or extended time off. While the FMLA sets the federal baseline, you can take advantage of any state or local law that gives you greater protection.

Your Rights Are Protected

The FMLA is a worker protection law. That means your employer can’t retaliate against you for requesting or taking leave. If they deny your request unfairly, pressure you not to take time off, or punish you for using your rights, that could be a violation of the law.

If that happens, you have options, including filing a complaint or even consulting a labor and employment lawyer.

How Morgan & Morgan Can Help

If your FMLA leave was denied, delayed, or used against you in any way, you have the right to fight back. Contact Morgan & Morgan today for a free and confidential case evaluation.

This blog post is based on fact sheets from the U.S. Department of Labor and is for informational purposes only.