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Compliance Assistance Resources

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- Family and Medical Leave Act Advisor

Reasons for Leave - Other

Based on your selection of "other," it appears the reason for leave would not qualify under the FMLA.

The FMLA entitles eligible employees of covered employers to:

  • Twelve workweeks of leave in a 12-month period for:
    • The birth of a son or daughter and to care for the newborn child within one year of birth (see § 825.112);
    • The placement of a son or daughter for adoption or foster care and to care for the newly placed child within one year of placement (see § 825.121);
    • To care for a spouse, son, daughter or parent who has a serious health condition (see § 825.113 and § 825.122);
    • For a serious health condition that makes the employee unable to perform the essential functions of his or her job (see § 825.113 and § 825.123);
    • For any qualifying exigency arising out of the fact that a spouse, son, daughter or parent is a military member on "covered active duty;" (see § 825.126) and
  • Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember (current servicemembers and certain veterans) with a serious injury or illness when the employee is the spouse, son, daughter, parent, or next of kin of the covered servicemember (see § 825.127).

If an employee uses paid leave under circumstances that do not qualify as FMLA leave, the leave will not count against the total FMLA leave to which the employee is entitled.

Note: The definition of son or daughter includes individuals for whom the employee stood or is standing “in loco parentis”. The definition of parent includes individuals who stood “in loco parentis” to the employee. Please use the links above to learn more about these FMLA definitions.

Return to Reasons for Leave or the Main Menu to learn more about the FMLA and the rights and responsibilities of covered employers and eligible employees.

You may contact your nearest Wage and Hour Division office if you have additional questions about qualifying reasons for leave under the FMLA.

For more information on this aspect of the FMLA, see the FMLA regulations: § 825.112