Title 29: Labor
PART 825—THE FAMILY AND MEDICAL LEAVE ACT OF 1993
Subpart A—Coverage Under the Family and Medical Leave Act
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§ 825.112 Qualifying reasons for leave, general rule.
(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 §825.120);
(2) For placement with the employee of a son or daughter for adoption or foster care ( see §825.121);
(3) To care for the employee's spouse, son, daughter, or parent with a serious health condition ( see §§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 §§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 §§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 §§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.
