You might need time off work for a serious health issue or to care for someone in your family. The Family and Medical Leave Act (FMLA) protects eligible employees by allowing job-protected leave under certain conditions. 

In this article you will learn exactly what qualifies as FMLA leave, what types of illnesses or family situations are covered, and how to know whether your case meets the requirements under U.S. law.

What is FMLA Leave — and Who Is Eligible

FMLA gives eligible employees up to 12 workweeks of unpaid, job-protected leave during any 12-month period for qualified medical and family reasons.

To qualify you must meet all the following:

• You must work for a covered employer — typically a private employer with 50 or more employees within 75 miles of your location, or a public agency or school system.

• You must have worked for the employer for at least 12 months (not necessarily consecutively).

• You must have logged at least 1,250 hours of work during the previous 12 months.

• Your employer must have at least 50 employees within 75 miles of your worksite.

If you meet these eligibility criteria, the next step is to determine whether your situation qualifies under one of the permitted FMLA conditions.

Core Scenarios That Qualify Under FMLA

The FMLA recognizes several broad situations in which leave is permitted. These scenarios include your own serious health condition, caring for a family member, or major family events.

Your Own Serious Health Condition

You can take FMLA leave if you develop a serious health condition that makes you unable to perform your job duties. A serious health condition includes illnesses, injuries, impairments, or physical or mental conditions that require either inpatient care or ongoing treatment.

Such conditions qualify when they meet one of the following:

• An overnight stay in a hospital, hospice, or residential medical facility (inpatient care).

• Incapacity that lasts more than three consecutive full calendar days, along with continuing treatment.

• Chronic conditions requiring periodic medical visits or ongoing treatment over an extended time.

• Long-term or permanent conditions that render you unable to work.

• Situations that require multiple treatments, such as recovery from surgery, chemo, or other serious procedures.

Examples include chronic illnesses such as diabetes, cancer, severe asthma, heart disease, major surgeries, and even mental health conditions like severe depression or anxiety when they require ongoing care.

Pregnancy, Prenatal Care and Childbirth

FMLA protects you if you are pregnant. This includes prenatal care, incapacity related to pregnancy (for example severe morning sickness), medically required bed rest, childbirth, and the postpartum recovery period when recovery constitutes a serious health condition.

You may also use leave to care for recovery after childbirth if you or your spouse has medical complications.

Caring for a Family Member

If your spouse, child, or parent has a serious health condition, you may be entitled to take FMLA leave to care for that person. Caring can involve helping with basic daily needs, such as medical care, hygiene, nutrition, safety or transportation, and providing emotional or psychological support.

This applies to both physical and mental health conditions, including chronic or episodic illnesses that require ongoing treatment.

Adoption, Foster Care or Bonding with a New Child

You can use FMLA leave for the birth of your child. This includes time needed for prenatal care, childbirth, and bonding with a newborn.

FMLA leave also applies when you adopt a child or become a foster parent. You can take leave for the placement process, legal steps, travel or to bond with the child — generally within 12 months of placement or birth.

Military-Related Situations

FMLA includes leave provisions related to active-duty military members and veterans:

• “Qualifying exigency” leave if your spouse, child, or parent is being deployed overseas. This can cover tasks like arranging child care, attending military briefings or ceremonies, or making legal or financial arrangements.

• Up to 26 workweeks of “military caregiver leave” in a 12-month period if you care for a covered servicemember or veteran with a serious injury or illness incurred in line of duty.

Mental Health Conditions Qualify

Mental illnesses qualify under the same standards as physical conditions. Conditions such as anxiety, depression, PTSD, bipolar disorder or serious disorders may qualify for FMLA leave if they meet criteria like inpatient care or continuing treatment.

You may use leave for your own mental health condition or to care for a family member undergoing inpatient treatment or recovery.

Conditions That Don’t Qualify

Not all medical issues qualify. For example:

• Short-term or minor illnesses such as a common cold, routine flu, minor sprains, or common headaches usually do not qualify unless they escalate into something more serious requiring ongoing care.

• Routine checkups, preventive care, or elective care that does not produce incapacity or require continuing treatment generally do not qualify.

How “Serious Health Condition” Is Defined

The law defines a serious health condition as an illness, injury, impairment or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider.

“Incapacity” means inability to work, attend school, or perform other normal daily activities because of the condition, its treatment, or recovery.

“Continuing treatment” can include physical therapy, follow-up visits, prescription medications, or other types of care beyond a single visit.

Intermittent or Reduced Schedule Leave

FMLA leave does not always have to be taken as continuous time away. If your condition or treatment schedule requires periodic absence or reduced working hours, you may request intermittent leave or a reduced work schedule.

This flexibility helps workers manage chronic conditions, treatment schedules, or recover gradually without exhausting leave unnecessarily.

Common Serious Health Conditions that Qualify

Some frequently cited examples of conditions that qualify under FMLA include:

• Cancer treatment and recovery

• Heart disease, heart attack, or stroke

• Severe injuries requiring hospitalization or long recovery

• Chronic conditions like diabetes, asthma, epilepsy, lupus or arthritis

• Pregnancy complications, childbirth and postpartum recovery

• Mental health illnesses requiring ongoing therapy, counseling or inpatient care

• Major surgeries, including organ donation or transplant surgery

• Long-term impairments such as Alzheimer’s disease or disabilities that limit daily living

What You Should Know Before Requesting FMLA Leave

To use FMLA, you may be required to submit certification from a licensed health care provider. This certifies that your condition meets FMLA criteria. For your own illness or a family member’s, medical documentation helps support your request.

Your employer may ask for sufficient information to verify the need for leave, but they cannot require disclosure of a specific diagnosis.

If you plan to take intermittent leave or a reduced schedule, you should work with your employer to schedule around business needs, while still honoring your treatment or care requirements.

Tips to Strengthen Your Leave Request

• Notify your employer as soon as you know leave will be needed.

• Provide thorough medical certification that shows length and expected duration of incapacitation or treatment.

• If intermittent leave is needed, propose a schedule that balances care with work demands.

• Maintain documentation of medical care, appointments, and treatment plans.

• Ensure you meet eligibility criteria before formally requesting leave.

Summary of Qualifying Conditions

You may qualify for FMLA leave if you meet employer eligibility requirements and your situation involves one of the following:

• Your own serious health condition requiring inpatient care or continuing treatment;

• Pregnancy, prenatal care, childbirth or postnatal recovery;

• Caring for a spouse, child or parent with a serious health condition;

• Adoption, foster care placement or bonding with a new child;

• Military-related exigencies or caregiver leave for injured service members;

• Mental health conditions requiring ongoing care or inpatient treatment;

• Chronic, long-term, recurring or permanent conditions that impair daily life or job performance.

Why This Matters to You

If you or a loved one faces a serious medical condition, birth or adoption, or a military-related situation, you may be entitled to job-protected leave under FMLA.

That protection ensures you can focus on health or family without worrying about losing your job.

Knowing what qualifies helps you plan ahead, gather appropriate documentation and make sure you meet all criteria.

Frequently Asked Questions

What does “serious health condition” mean under FMLA?

A serious health condition means an illness, injury, impairment or physical or mental condition requiring inpatient care or continuing treatment by a licensed health care provider. It can involve hospital stays, extended recovery, or ongoing therapy.

Can mental health issues qualify for FMLA leave?

Yes. Conditions such as major depression, anxiety, PTSD, or bipolar disorder qualify if they require ongoing therapy, counseling or inpatient care under a health care provider’s supervision.

Do I get FMLA leave for a routine cold or minor illness?

No. Short-term illnesses like a common cold or a run-of-the-mill flu do not qualify unless they become severe and require extended incapacity or continuing treatment.

Can I take intermittent leave instead of a continuous block?

Yes. If your condition or treatment schedule requires sporadic absence or a reduced schedule, you may request intermittent leave or a reduced schedule under FMLA.

Does FMLA cover pregnancy and childbirth?

Yes. FMLA covers prenatal care, incapacity due to pregnancy, childbirth, and recovery time after birth.

Can I use FMLA to care for a spouse or parent?

Yes. If your spouse, child or parent has a serious health condition, you may take time off to provide care or support while they recover or receive medical treatment.

Do I need documentation to qualify for FMLA leave?

Yes. Your employer may require a medical certification from a licensed health care provider to confirm that your own or your family member’s condition meets FMLA criteria.