C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER C—OTHER LAWS › PART 825—THE FAMILY AND MEDICAL LEAVE ACT OF 1993 › Subpart A—Coverage Under the Family and Medical Leave Act

29 C.F.R. § 825.112

Qualifying reasons for leave, general rule

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(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 military member on covered active duty (or has been notified of an impending call or order to covered active duty status (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 covered 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.

Notes of Decisions
Cited in 43 cases (4 in the last 5 years), 1995–2024 · leading case: Steve Aubuchon v. Knauf Fiberglass, Gmbh
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Steve Aubuchon v. Knauf Fiberglass, Gmbh (2004) ca7 · cites it 2× “Being pregnant, as distinct from being incapacitated because of pregnancy or experiencing complications of pregnancy that could include premature contractions which unless treated by drugs or bed rest might result in the premature birth of the baby, is not a serious health…”
Eirik Tillman v. Ohio Bell Telephone Company (2013) ca6 · cites it 2× “Both before the district court and on appeal, Ohio Bell advanced an alternative theory for summary judgment on the interference claim: that Plaintiff failed to show entitlement to FMLA leave for the dates in question, March 15 and 28, 2009.”
Bernardo G. Bocalbos, Plaintiff-Appellee-Cross-Appellant v. National Western Life Insurance Company, Defendant-Appellant (1999) ca5 · cites it 2× “For example, the employee may be required to attend counselling sessions, appear in court, consult with his or her attorney or the doctor(s) representing the birth parent, or submit to a physical examination.”
Terry Sanders v. May Department Stores Company (2003) ca8 · cites it 2× “§ 2612 (a)(1); see also, 29 C.F.R. § 825.112 (a). However, in order to invoke the protections of FMLA, an employee must notify his employer of his “intention to take leave.”
Kathryn Pereda v. Brookdale Senior Living Communities, Inc. (2012) ca11 “In support of its position, Brookdale argues that, pursuant to DOL’s implementing regulation 29 C.F.R. § 825.112 , employees are eligible for FMLA leave only upon the delivery of a child.”
Willis v. Coca Cola Enterprises, Inc. (2006) ca5 “” See 29 C.F.R. § 825.112 (a)(4) (mandating that employers grant leave to employees “because of a serious health condition that makes the employee unable to perform the functions of the employee’s job”).”
Gudenkauf v. Stauffer Communications, Inc. (1996) ksd · cites it 2× “See 29 C.F.R. § 825.112 (c) (1995) (An expectant mother may take FMLA leave prior to the birth of her child, if it is required for prenatal care or because her condition makes her unable to work.”
Mora v. Chem-Tronics, Inc. (1998) casd “” 29 C.F.R. § 825.112 (b) (final regulations).”
Gilmore v. UNIVERSITY OF ROCHESTER STRONG MEMORIAL HOSPITAL DIVISION (2005) nywd · cites it 2× “29 C.F.R. § 825.112 (g). To state a cause of action under the FMLA for denial of medical leave, a plaintiff must ordinarily allege that: (1) she was an eligible employee under the FMLA; (2) the defendant was an “employer” within the meaning of the FMLA; (3) plaintiff was…”
Terry Tilley v. Kalamazoo County Road Comm'n (2016) ca6 “§ 2612 (a)(1)(D); 29 C.F.R. § 825.112 (a)(4))). Generally, this prong may be satisfied by an employee’s providing a doctor’s certification containing “the date upon which the serious health condition began, the condition’s probable duration, the appropriate medical facts…”
Enrica Cianci v. Pettibone Corp., Beardsley Piper Division, 1 James Hall, and Morris Wells (1998) ca7 “” 29 C.F.R. § 825.112 (3) (1993); see also 29 U.”
Whitaker v. Bosch Braking Systems Division of Robert Bosch Corp. (2001) miwd · cites it 2× “114 (a)(2)(h), quoted above, and 29 C.F.R. § 825.112 (c), which states: “Circumstances may require that FMLA leave begin before the actual date of birth of a child.”
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