Who does FMLA cover?

Navigating FMLA: A Guide to Extended Leave for Family

  • The Fee Is Free Unless You Win®.
  • America's Largest Injury Law Firm™
  • Protecting Families Since 1988
  • 20 Billion+ Won
  • 1,000+ Lawyers Nationwide

Free Case Evaluation

Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.
Results may vary depending on your particular facts and legal circumstances. ©2024 Morgan and Morgan, P.A. All rights reserved.
Morgan Brothers Photo

The attorneys featured above are licensed in Florida. For a full list of attorneys in your state please visit our attorney page.

Who does FMLA cover?

If you work at a job and a sudden life event comes up, you’ll need to take some time off, and one option you might pursue is FMLA. Short-term leave such as sick days or your vacation time can be used first, but some situations call for more long-term use of leave.

If this is your case, you might use the Family Medical Leave Act (FMLA) to take more time off due to a variety of family-related issues. This gives you the opportunity to take up to twelve workweeks of leave in a 12-month period for the following circumstances: 

  • The birth of a child or caring for a newborn within one year after the birth of that newborn 
  • To care for a child, parent, or spouse who has a major health condition 
  • The placement with the employee of a child for foster care or for adoption, or care of that child within one year of placement 
  • Any health condition that makes the employee no longer able to perform their essential job functions 
  • Any serious issue associated with the employee’s son, daughter, parent, or spouse’s covered active duty military status 

Additionally, up to 26 workweeks of leave is also allowed under one 12-month period to care for a service member who has a serious injury or illness so long as that eligible employee is the servicemembers parent, daughter, son, or spouse. This is known as military caregiver leave. Most people do not anticipate taking FMLA and only start to learn about it after a serious issue has come up.

In the wake of dealing with that existing stress of a health condition for a family member, it’s hard to sort out what’s allowed and what’s possible under FMLA. It’s important to realize that not every single employee is entitled to FMLA leave. Knowing the specific facts about the employer in question and the employee’s recent work history with that employer can help to determine if the leave is applicable. 

As an employee today, you may have questions about state and federal regulations and programs for protection. Understanding who is covered under FMLA often means doing advanced research on your own to ensure that you are clear about your FMLA protections. This is particularly true if you plan to file a lawsuit about an alleged violation of FMLA. Certain family members could be covered and this can enable you to take advantage of these legal protections when you have a qualifying circumstance.

Scroll down for more