Eligibility for FMLA – New York FMLA Lawyers

The Family and Medical Leave Act of 1993 (FMLA) entitles eligible employees to take job-protected leave for specified family and medical reasons.

During this unpaid leave, an employee will continue to receive the benefits of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

• Twelve workweeks of leave in a 12-month period for:
  • The birth of a child or to care for the newborn child within one year of birth
  • The placement of an adopted or fostered child with the employee, and to care for the newly placed child within one year of placement.
• Care for the employee’s spouse, child, or parent who has a serious health condition
• A serious health condition that makes the employee unable to perform the essential functions of his or her job.
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness.