Pregnancy is a condition that qualifies for FMLA.
Enforced by the Department of Labor, the Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave every 12 months. Leave is granted in the event of a personal or family member's serious health conditions. During a time of leave, FMLA protects an employee's job and benefits.
New Child in the Home
When an employee, or the spouse or domestic partner of an employee, is pregnant, she may take related FMLA leave within a year of her child's birth. With the exception of emergencies, an employee should provide her employer with a 30-day advance notice regarding intended leave dates. An employee also can take FMLA leave if they claim "in loco parentis." This means the individual is going to take care of a child who is not biologically hers, such as in cases of adoption or foster care placement. FMLA rights grant qualified employees with leave in order to provide care and bond with the newly placed child.
Personal Serious Health Condition
The FMLA states that the definition of a "serious health condition" is broad and covers mental health disorders to physical conditions. Therefore, a health condition is serious if it requires inpatient hospital care, continual treatment by a health care provider, incapacitation for a minimum of three days or for prenatal care or a chronic health condition that requires incapacitation. Serious health conditions may include migraines, clinical depression, nervous disorders and childbirth. Conditions that do not qualify for FMLA include the common cold, toothaches, influenza or some headaches.
Employee Rehabilitation Needs
In some instances, an employee can take FMLA leave to seek treatment for substance abuse. To qualify for leave in this circumstance, an employee must have a physician's referral to an inpatient rehabilitation center. However, according to the FMLA laws, substance abuse in and of itself does not qualify an individual for FMLA leave.
Family Medical Care
Serious medical conditions that apply to employees also apply to an employee's immediate family member in regards to FMLA leave. Immediate family members include spouses, domestic partners, the employee's children and his parents. An employee can take FMLA leave to help tend to the care of an immediate family member who has a serious health condition.
