For an employee to be eligible for the leave they must have worked at least 12 months for the employer for whom the leave is requested. The 12 months need not be consecutive months. The employee must also have worked at least 1,250 hours during the preceding 12 month period. In determining the number of hours worked, the same rules are applied as determining hours worked under the Fair labor Standards Act. In other words, work "off the clock" which the employer suffers or permits the employee to work count as hours worked. However, periods when the employee is not actually working are not counted as part of the 1,250 hours. The employee does not get hours credit for paid sick leaves, vacations or holidays. .
When it is established that an employee is eligible for leave as described above, they may only take FMLA leave to deal with certain life situations. One of the first qualifying reasons is for the birth of a child, adoption of a child, or a child's foster placement. These types of leave allow parents time to bond with their new children. Importantly, both men and women are eligible for this leave. Typically leave is granted following the arrival of the child. In the case of adoption or foster placement, however, FMLA leave can be taken beforehand if you need it to proceed with the arrangements. Family leave for the birth of a child must be completed within 12 months of the date of birth. Family leave for the adoption or foster placement of a child must be completed within 12 months of the actual adoption or placement. .
Another qualifying reason is to care for the employee's spouse, son or daughter, or parent who has a serious health condition. A son or daughter can be either biological or adopted, or can be a foster child, a stepchild, a legal ward, or a child for whom the employee has acted as a parent, regardless of blood relation. The child must be under 18, unless he or she is incapable of self-care due to mental or physical disability.
