A spouse is a husband or wife as defined under the laws of the state in which the employee resides. Note that this includes common-law spouses in states where such marriages are legally recognized. Domestic partners, however, are not covered by the FMLA since such arrangements are not currently recognized as marriages in any state. Parents are considered to be biological parents or anyone who acted as a parent when the employee was a child. The federal FMLA does not grant leave for the care of in-laws, although some states laws do. "Care" is loosely defined under the FMLA. It includes traditional meanings such as providing medical or hygienic care, or transporting the family member to and from the hospital, etc. But beyond that, it may include leave for an employee who is needed to provide psychological comfort and reassurance to a family member. Furthermore, the employee need not be the primary caregiver-employees are eligible for FMLA leave even if they are just filling in for another caregiver. Making arrangements for changes in a family member's care, such as a transfer to a nursing home, also qualifies for leave. .
The last life situation that qualifies for FMLA is the employee's own serious health condition. The definition of "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves needing care or assistance. It may involve inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity (this is defined to mean inability to work, attend school, or perform other regular daily activities due to the serous health condition, treatment therefore, or recovery there from), or any subsequent treatment in connection with such impatient care. A serious health condition has continuing treatment by a health care provider. It can be any incapacity due to pregnancy, or for prenatal care.