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What is a qualifying leave reason under FMLA, and what counts as a serious health condition?

Which life events and health situations qualify for protected leave.

Quick answer
 Eligible employees are entitled to 12 workweeks of FMLA leave in a 12-month period for their own serious health condition, caring for an immediate family member, bonding with a new child, or a qualifying military exigency — or 26 workweeks to care for a covered servicemember. A "serious health condition" generally means an illness or condition involving inpatient care or continuing treatment by a healthcare provider.

Who this applies to / Prerequisites

  • Eligible employees working for a covered employer.

Key facts

  1. 12 workweeks are available for: the employee's own serious health condition, including pregnancy; caring for an immediate family member with a serious health condition; the birth of a child and bonding within a year of birth; the placement of a child for adoption/foster care and bonding within a year of placement; or a qualifying military exigency involving an immediate family member.
  2. 26 workweeks are available to care for a covered servicemember with a serious injury or illness, if the employee is the servicemember's immediate family member or next of kin. All FMLA-qualifying reasons combined are capped at 26 workweeks in a single 12-month period.
  3. FMLA defines "immediate family member" as a child, parent, or spouse — some state laws cover more relationships.
  4. A serious health condition includes: inpatient care (an overnight hospital/hospice/residential facility stay, plus related incapacity or treatment); continuing treatment (more than 3 consecutive days of incapacity plus qualifying follow-up treatment); pregnancy (incapacity due to pregnancy, prenatal care, bedrest, or postpartum recovery); chronic conditions (requiring visits at least twice a year, recurring over time); permanent/long-term conditions (requiring ongoing provider supervision); and conditions requiring multiple treatments (like restorative surgery).
  5. "Incapacity" means inability to work, attend school, or perform regular daily activities. FMLA generally does not cover routine medical exams or common medical conditions.

What if it doesn't work

  • I'm not sure if my situation qualifies: Contact your Leave Success Manager to review your specific circumstances.
  • I'm not sure if my condition meets the serious health condition definition: Discuss the criteria with your healthcare provider, who will need to certify the condition.
  • If none of these apply, contact your Leave Success Manager.

Limits and exceptions

  • The 26-workweek combined cap applies across all qualifying reasons in a single 12-month period — it's not additive on top of the standard 12 weeks.
  • FMLA's "immediate family member" definition is narrower than many state laws.
  • Routine medical exams and common conditions that don't meet the criteria above are not covered.

Related questions

  • Am I eligible for FMLA, and is my employer covered?
  • How do I apply for FMLA, and how is leave time calculated?