Slinde Nelson
Email Our Firm

FMLA Qualifying Reasons for Employee Leave

There are some things in life we can't control. To a certain extent, our health and the health of our loved ones is among those things. While we appreciate employees who wont let any ailment slow them down, certain conditions are too serious to cast aside. When those conditions cause employees to miss work, the Family and Medical Leave Act (FMLA) requires employers to excuse that absence depending on the circumstances.

If you don't believe your employee's reason should qualify for FMLA protection, you should contact an employment law attorney who can help you make sure your hunch is correct, and your business is in compliance with the Act.

As you can probably imagine, an employee may not evoke the Act's protections for any old cough or cold. The Act instead only protects medical leave taken for "qualifying reasons." Some of these qualifying reasons are:

  • If a serious health or medical condition makes the employee unable to perform the functions of his or her job.
  • To care for the employee's spouse, son, daughter, or parent who has a serious health condition.
  • Child Birth, and to bond with the newborn child within one year of birth
  • Certain military caregiver leave, if the servicemember is the employee's spouse, son, daughter, parent, or next of kin.

Though this is not a complete list, it highlights the fact that the Act protects leave only when it relates to serious health conditions. If one of the qualifying reasons applies, however, an employer is not allowed to deny FMLA rights, to discharge, or to discriminate against any person involved in FMLA proceedings. In order to make sure your business is FMLA compliant, you should contact an employment law attorney before denying any such leave.

No Comments

Leave a comment
Comment Information

111 Southwest 5th Avenue Suite 1940
Portland, OR 97204

Toll Free: 866-280-7562
Fax: 503-417-4250
Map & Directions

Contact Us to Discover What We Can Do for You

Contact us online using the form below or call us at 866-280-7562 to see how we can put our skills and experience to work for you.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy