(a) Circumstances qualifying for leave. Employers covered by FMLA
are required to grant leave to eligible employees:
(1) For birth of a son or daughter, and to care for the newborn
child (see Sec. 825.120);
(2) For placement with the employee of a son or daughter for
adoption or foster care (see Sec. 825.121);
(3) To care for the employee's spouse, son, daughter, or parent
with a serious health condition (see Sec. Sec. 825.113 and 825.122);
(4) Because of a serious health condition that makes the employee
unable to perform the functions of the employee's job (see Sec. Sec.
825.113 and 825.123);
(5) Because of any qualifying exigency arising out of the fact that
the employee's spouse, son, daughter, or parent is a covered military
member on active duty (or has been notified of an impending call or
order to active duty) in support of a contingency operation (see
Sec. Sec. 825.122 and 825.126); and
(6) To care for a covered servicemember with a serious injury or
illness if the employee is the spouse, son, daughter, parent, or next
of kin of the servicemember (see Sec. Sec. 825.122 and 825.127).
(b) Equal application. The right to take leave under FMLA applies
equally to male and female employees. A father, as well as a mother,
can take family leave for the birth, placement for adoption, or foster
care of a child.
(c) Active employee. In situations where the employer/employee
relationship has been interrupted, such as an employee who has been on
layoff, the employee must be recalled or otherwise be re-employed
before being eligible for FMLA leave. Under such circumstances, an
eligible employee is immediately entitled to further FMLA leave for a
qualifying reason.
[73 FR 68079, Nov. 17, 2008]
