Key Takeaways

  • The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave each year for qualifying family or medical reasons.
  • Covered reasons include serious health conditions, pregnancy, childbirth, adoption, and caring for a spouse, child, or parent with a serious health condition.
  • Employers cannot terminate, discipline, or retaliate against employees for requesting or taking lawful FMLA leave.
  • Eligibility depends on employer size and hours worked, including the 50-employee threshold and 1,250-hour requirement.
  • Employees facing denied leave or retaliation may benefit from consulting firms such as Lipsky Lowe LLP to evaluate potential FMLA violations.

What Are My Rights Under the Family and Medical Leave Act?

The FMLA allows eligible employees to take up to 12 weeks of unpaid leave within a 12-month period for specific family or medical reasons. During approved FMLA leave, employers generally may not terminate an employee or treat them adversely for taking time off.

The law recognizes several situations as qualifying reasons for leave, including:

  • The birth of a child and the need to provide newborn care
  • Adoption or placement of a foster child
  • A serious health condition that prevents the employee from performing essential job duties
  • Caring for a spouse, parent, or child with a serious health condition

What Health Issues Qualify as a Serious Health Condition?

Under the FMLA, a serious health condition is an illness, injury, impairment, or physical or mental condition that requires inpatient care or continuing treatment by a health care provider. The definition is broader than many employees expect.

Inpatient Care

An overnight stay in a hospital, hospice, residential care facility, or similar medical institution qualifies as inpatient care under the FMLA.

Three Days of Incapacity With Continuing Treatment

An employee who is incapacitated for more than three consecutive days and receives ongoing treatment from a health care provider may qualify. Incapacity means the inability to perform normal daily activities, including working.

Pregnancy and FMLA Leave

Pregnancy qualifies as a serious health condition under the FMLA. Eligible employees may take unpaid leave for prenatal care, pregnancy-related appointments, or recovery after childbirth. Medical complications are not required to qualify.

Chronic Serious Health Conditions

Chronic conditions such as asthma, diabetes, or epilepsy may qualify even if symptoms are episodic. A condition does not need to be continuously active to qualify for FMLA protection.

Long-Term or Permanent Incapacity

Conditions that result in long-term or permanent incapacity, such as advanced Alzheimer’s disease or terminal cancer, may also meet the FMLA definition.

Which Employees Are Covered by the FMLA?

FMLA coverage depends on both the employer and the employee.

To be covered:

  • The employer must have 50 or more employees within a 75-mile radius, or be a public agency
  • The employee must have worked at least 1,250 hours during the previous 12 months

Some part-time employees and newer hires may not meet eligibility requirements.

Provisions for Military Families

The FMLA includes specific protections for families of military service members. Eligible employees may take up to 12 weeks of unpaid leave to address issues related to a qualifying military deployment.

Covered situations include:

  • Attending military-sponsored events
  • Making legal or financial arrangements related to deployment
  • Arranging childcare or alternative care

Eligible family members include a spouse, child, parent, or next of kin of a covered service member.

The FMLA and Military Caregiver Leave

Military caregiver leave allows eligible employees to take up to 26 workweeks of unpaid leave in a single 12-month period. This leave applies when caring for a covered service member undergoing treatment or recovery for a serious injury or illness related to military service.

Covered service members may include members of the U.S. Armed Forces, National Guard, or Reserves.

Contact Our New York City FMLA Attorneys

FMLA disputes often arise when employers misunderstand coverage, ignore medical certifications, or respond improperly to leave requests. We work with employees who believe their rights were violated and with employers seeking guidance on compliance.

If you were terminated, disciplined, or denied leave after requesting FMLA protection, or if you need clarity about your obligations under the law, contact Lipsky Lowe LLP to discuss your situation and next steps.

Last Updated: February 13, 2026