The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave per year for the following reasons:

  • Because of the birth of a child and to care for the newborn child;
  • Because of the placement of a child with the employee for adoption or foster care;
  • Because the employee is needed to care for a family member with a “serious health condition;”
  • Because of the employee’s own “serious health condition” that makes the employee unable to perform the functions of his or her position; or
  • Because of any “qualifying exigency” arising out of the fact that the employee’s spouse, son, daughter, or parent is on “covered active duty” (or has been notified of an impending call or order to covered active duty) in the Armed Forces.

In addition, 26 weeks of leave during a single 12-month period is available under the FMLA for “covered servicemember leave,” also known as “military caregiver leave.”  See 29 U.S.C. § 2612.