This training video, presented by a single speaker, explains the qualifying reasons an eligible employee may take leave under the Family and Medical Leave Act (FMLA). It outlines the 12‑week entitlement for birth, adoption, a serious health condition, or caring for a seriously ill spouse, child, or parent, and the extended 26‑week entitlement for caring for an injured service member’s family member. The speaker defines the FMLA’s relationship terms—spouse, parent (including in‑loco‑parentis and step/foster parents, but not parents‑in‑law), and child (including wards and in‑loco‑parentis children, with special rules for adult children with disabilities). The video notes that employers may request documentation of the qualifying relationship, but such requests cannot impede the employee’s right to FMLA leave. It then clarifies the statutory definition of a “serious health condition,” emphasizing inpatient or continuing treatment and distinguishing it from routine care, and explains “incapacity” and “treatment” as they relate to job functions. Finally, the presentation covers the two military‑related FMLA categories: Qualifying Exigency leave (for short‑notice deployments, financial/legal arrangements, counseling, ceremonies, R&R, child‑care, and post‑deployment activities) and Military Caregiver Leave (for service members with serious injuries or illnesses incurred in the line of duty). It describes certification requirements, permissible verification sources, and the employee’s protection from liability for certification delays when acting in good faith.
Chapters
So now that we know who is eligible for FMLA, it's time to discuss qualifying reasons for leave. Several types of leave qualify for FMLA. Eligible employees can take up to 12 work weeks of FMLA leave in a 12-month period for the birth or adoption of a child, this applies to both mothers and fathers; a serious health condition that prevents the employee from performing their job; to care for a seriously ill spouse, child, or parent; and any qualifying need due to the employee's spouse, child, or parent on covered active military duty status. Eligible employees can also take up to 26 work weeks to care for an injured service member's spouse, child, or parent. Since FMLA covers leave associated with the serious illness or injury of a spouse, spouse, child, or parent, it's important to define exactly what each of those is under the Family and Medical Leave Act. A spouse is considered a husband or wife as defined by the state where the couple is married, including common law and same-sex marriages. Parents include the biological, adoptive, step, or foster father or mother of the individual. This also includes anyone who acted in loco parentis for the person as a child. This means they were responsible for the day-to-day care and financial support of the child, Examples include grandparents, siblings, or other relatives, although no biological or legal relationship is required. A parent does not include parents-in-law under FMLA. A child is considered the individual's biological, adopted, foster, step, or legal ward's son or daughter under the age of 18. It also includes children being cared for by the employee acting in loco parentis. For employees to qualify for FMLA to care for a child over the age of 18, The child must have a disability as defined by the Americans with Disabilities Act (ADA), be incapable of self-care due to the disability, and have a serious health condition that requires care. Employers can, but are not required to, request documentation of the qualifying relationship. This could be as simple as a written statement attesting to the relationship or may include formal documentation like a birth certificate or court papers. While employers have the right to request documentation, they can't use it in a manner that interferes with an employee's right to attempt to use FMLA leave. The Family and Medical Leave Act defines a serious health condition as an illness, impairment, or physical or mental condition in which inpatient or continuing treatment by a healthcare provider is required. It doesn't apply to routine doctor's appointments or common illnesses. For all qualifying conditions, incapacity means the inability to perform one or more essential functions of the employee's job due to a health issue. Treatment includes examinations and evaluations related to the condition. There are two types of FMLA leave related to military service called Military Family Leave, Qualifying Exigency, and Military Caregiver Leave. Employees must qualify for Qualifying Exigency leave when their spouse, child, or parent is on or has been notified of an impending active duty assignment. Active duty means that the service member is being deployed to a foreign country. Eligible employees can take FMLA for qualifying exigencies when issues arise due to short notice of deployment (7 days or less), for updating financial and legal arrangements, to attend counseling, military events and ceremonies, to spend 15 days with the service member on rest and recuperation leave, for certain child care needs, and to attend post-deployment activities. Military Caregiver Leave can be used when a service member has a serious illness or injury incurred in the line of duty or on active duty that makes them medically unfit to perform their duties. An employer can require that a request for military caregiver leave be supported by verification from the Department of Defense, Veterans Affairs, or the TRICARE health provider. Employees requesting leave can't be held liable for delays in receiving the certification as long as they've shown good faith efforts in obtaining the documents.
