What Conditions Qualify for FMLA Leave?

Disclaimer: This article is meant to help you understand FMLA, but it's not medical or legal advice. Every situation is different, so it's always best to talk with your doctor or an employment lawyer about your specific circumstances.

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Wondering if your specific health situation qualifies for FMLA protection? 

You're not alone. 

Thousands of employees face this question every year when dealing with their own medical challenges or caring for loved ones.

The uncertainty can be stressful:

• Will you lose your job if you need time off? 
• Does your condition even count? 
• What if your employer says no?

The Family and Medical Leave Act (FMLA) covers a wide range of medical situations, both expected and unexpected: 

• Cancer treatment
• Anxiety disorders
• Pregnancy complications
• Caring for a parent after surgery 
• Much more

If it's a serious health condition that requires time away from work, it likely qualifies.

Table of Contents

• Do You Qualify? The Simple Test
• What Qualifies as a Serious Health Condition?
• Category 1: Your Own Serious Health Condition
• Category 2: Caring for a Family Member
• Category 3: Birth and Bonding with a New Child
• Category 4: Military Family Leave
• What Does NOT Qualify for FMLA
• How to Get Your Condition Certified for FMLA

4 Ways to Qualify for FMLA Leave

Do You Qualify for FMLA Leave? The Simple Test

Answer these 2 questions:

1. Can you do your job?
   
   1. YES → You don't qualify
   2. NO → Your health condition prevents or prevented you from performing your job duties
2. Do you meet one of the qualifying health conditions?
   
   1. YES  → You meet one of the above four criteria.
   2. NO → You don’t qualify

Ready to get certified? Take our free 3-minute quiz to see if you qualify.

Category 1: Your Own Serious Health Condition

This is the most common reason people use FMLA leave, and here's the key thing to understand: FMLA eligibility isn't based on your specific diagnosis. Instead, it's based on whether your condition meets certain medical criteria.

Does Your Condition Meet the Criteria? Check These 5 Pathways

If your condition meets any ONE of these criteria, it qualifies for FMLA:

1. Inpatient Care

What it means: Overnight stay in a hospital, psychiatric facility, nursing home, or hospice care

Examples: Surgery requiring hospitalization, mental health crisis requiring admission, serious injury needing hospital stay

2. Three+ Days Unable to Work (Most Common Path)

What it means: You need ALL three of these:

• Unable to work for 3+ consecutive days

• Saw a healthcare provider within 7 days of symptoms starting

• Either: had a follow-up visit within 30 days OR were prescribed ongoing treatment (medication, therapy, monitoring)

Examples: Major depressive episode with treatment plan, major anxiety episode with treatment plan, severe flu with prescription medication, back injury requiring physical therapy, severe migraine with prescribed treatment

3. Chronic Condition

What it means: You see a doctor 2+ times per year for this ongoing condition

Examples: Generalized anxiety disorder, major depressive disorder, diabetes requiring management, epilepsy with medication, severe asthma needing regular care, chronic migraines, bipolar disorder.

4. Ongoing Medical Treatments

What it means: Regular treatments that would be dangerous or ineffective to skip

Examples: Chemotherapy, dialysis, radiation, infusion treatments, physical therapy for serious conditions

5. Long-Term or Permanent Conditions

What it means: Permanent or long-term condition with no cure, requiring ongoing medical supervision (even if not actively treating)

Examples: Alzheimer's disease, severe stroke recovery with lasting effects, terminal illness, end-stage conditions

Important : Your healthcare provider determines if your condition meets these criteria, not your employer. If your condition fits any ONE pathway above, you likely qualify for FMLA.

Common Conditions and How They Meet the Criteria

Please note that these are just examples, any condition that meets one of the five criteria qualifies, regardless of diagnosis.

Physical Health Conditions

• Major surgery and recovery: General anesthesia, physical therapy, follow-up appointments
• Cancer treatment: Chemotherapy, radiation, immunotherapy, surgery recovery
• Chronic conditions: Diabetes, epilepsy, severe asthma, autoimmune disorders (when requiring ongoing management)
• Pregnancy complications: Severe morning sickness, gestational diabetes, preeclampsia, bed rest, hospitalization
• COVID-19 and Long COVID: Hospitalization or continuing treatment beyond initial infection
• Severe injuries: Broken bones requiring surgery, severe burns, spinal injuries, traumatic brain injuries

Mental Health Conditions

• Depression: When it limits daily functioning and requires ongoing treatment (therapy, medication management, intensive outpatient programs)
• Anxiety disorders: Generalized anxiety, panic disorder, social anxiety requiring professional treatment
• PTSD: Ongoing therapy, group therapy, or psychiatric care
• Bipolar disorder: Regular psychiatric care and mood stabilization treatment
• Substance use disorder: Treatment programs, inpatient rehab, intensive outpatient programs, aftercare

You don't need hospitalization for mental health to qualify. Regular outpatient treatment (such as weekly therapy and monthly psychiatrist visits) meets the continuing treatment requirement. However, absences due to using substances (rather than seeking treatment) are not protected.

Does your condition meet one of these criteria? Take our quick 3-minute quiz to pre-qualify for FMLA and get connected with a doctor who can certify your leave

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Category 2: Caring for a Family Member

FMLA also covers time off to care for immediate family members with serious health conditions.

Who Counts as "Family" Under FMLA?

FMLA leave applies only to:

• Your spouse (legally married)
• Your child (biological, adopted, foster, stepchild, or legal ward; any age if incapable of self-care due to disability)
• Your parent (biological, adoptive, or someone who acted in place of a parent when you were a child)

FMLA does not cover caring for in-laws, siblings, grandparents, aunts, uncles, or friends. Some states have expanded family leave laws, but the federal FMLA has strict definitions.

What "Needed to Care For" Means

You don't need to be the only caregiver, and you don't need to provide hands-on medical care. FMLA caregiving includes:

• Attending medical appointments with your family member
• Providing psychological comfort and reassurance
• Arranging for third-party care providers
• Managing medication schedules and medical needs
• Being present during recovery periods
• Handling care logistics and coordination

For example, if your parent is undergoing chemotherapy. Even if a nurse administers the treatment, you can use FMLA to drive them to appointments, stay with them during recovery periods, help manage side effects, and provide emotional support.

Common Family Care Scenarios Include: 

Post-Surgical Care

When your spouse has knee replacement surgery, you can take FMLA to help during their recovery period, assisting with mobility, managing pain medication, attending physical therapy appointments, and handling daily tasks they can't perform.

Cancer Treatment Support

Accompanying your parent to radiation appointments, managing treatment side effects, and providing care during recovery all qualify for FMLA leave.

Mental Health Crisis

If your child experiences a mental health emergency requiring hospitalization or intensive outpatient treatment, FMLA protects your time off to provide support and participate in their treatment plan.

Chronic Condition Management

Caring for a child with severe asthma, diabetes, or seizure disorder qualifies when their condition requires ongoing medical management and parental supervision.

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Category 3: Birth and Bonding with a New Child

FMLA gives both parents the right to take leave for the birth of a baby or the placement of a child through adoption or foster care.

Key Things to Know About Parental Leave Under FMLA

1. Both Parents Qualify 

Fathers, mothers, adoptive parents, and foster parents all have equal rights to take FMLA leave for bonding. This includes same-sex couples and non-biological parents in legally recognized relationships.

2. 12-Month Window

You must use your 12 weeks of bonding leave within one year of the child's birth or placement. After that window closes, the bonding leave expires.

3. FMLA Intermittent Leave Is Allowed

You don't have to take all 12 weeks at once. You can use FMLA parental leave intermittently or on a reduced schedule, as long as you and your employer agree. This flexibility allows parents to transition back to work gradually or handle specific caregiving needs.

4. Adoption and Foster Care Included

FMLA treats adoption and foster care placement exactly the same as biological birth. The moment a child is placed in your home, your 12-week bonding clock starts.

FMLA Maternity Leave vs. Medical Leave for Pregnancy

Here's an important distinction:

Medical Leave (Your Own Serious Health Condition): If you experience pregnancy complications or need recovery time after childbirth, this falls under Category 1 and requires a FMLA doctor certification.

Bonding Leave (Birth & Parental Leave): The 12 weeks for bonding with a healthy newborn fall under Category 3 and don't require proof of a medical condition.

Can you use both? Yes, if you have pregnancy complications before birth or need recovery time after delivery, you can use medical leave for that period. Then you can use your 12 weeks of bonding leave after you've recovered. However, the total time off cannot exceed 12 weeks in a 12-month period unless your employer allows more.

Category 4: Military Family Leave

If your spouse, child, or parent is on active duty in the Armed Forces, you can take FMLA for qualifying exigencies such as:

• Attending military events and ceremonies
• Arranging childcare and school activities
• Handling financial and legal arrangements
• Attending counseling sessions
• Taking up to 15 days of leave for rest and recovery when the service member is on short-term deployment leave
• Dealing with post-deployment activities

Military Caregiver Leave 

This is the only FMLA provision that allows more than 12 weeks in a year. If you're caring for a covered service member (current military member or veteran) with a serious injury or illness, you can take up to 26 weeks in a single 12-month period.

What Does Not Qualify for FMLA

You don't qualify for FMLA if your condition doesn't meet any of the five criteria we outlined above:

1. Inpatient care
2. Incapacity for 3+ days with treatment
3. Chronic condition (2+ doctor visits per year)
4. Ongoing treatments
5. Long-term/permanent condition

If your situation doesn't check any of these boxes, it's not FMLA-eligible. 

That said, you may still have other leave options through your employer's sick leave policy or state laws.

Common Situations That Typically Don't Meet FMLA Criteria

These examples usually don't fit into any of the five pathways, but you should always check against the criteria to be sure:

• Short-term illnesses that resolve quickly
  Common colds, mild flu, stomach bugs, minor headaches (these typically don't last 3+ days or require ongoing treatment)
• Routine preventive care
  Annual check-ups, dental cleanings, eye exams, preventive screenings like mammograms (unless results lead to treatment)
• Elective cosmetic procedures
  Plastic surgery or cosmetic procedures without medical necessity (unless complications arise requiring treatment)
• Stress without diagnosis or treatment
  General work stress, burnout, relationship difficulties (these don't qualify unless they result in a diagnosed mental health condition requiring professional treatment)
• Non-covered family members
  In-laws, siblings, grandparents, aunts, uncles, cousins, friends (FMLA only covers spouse, child, or parent)

Don't Qualify for Federal FMLA? You May Have Other Options

If federal FMLA doesn't fully cover your situation, your state might offer additional protections. Each state has different eligibility requirements, covered reasons, and benefit amounts.

Check out our state-by-state FMLA resource page to learn about your state's specific family and medical leave laws, eligibility requirements, and how to apply.

How to Get Your Condition Certified for FMLA

Once you've determined your situation likely qualifies, you need proper medical certification. 

Your healthcare provider, not your employer, not HR, not you, makes the medical determination about whether your condition qualifies as a serious health condition FMLA.

When you request FMLA leave, your employer will provide you with DOL Form WH-380 (Certification of Health Care Provider) or a similar form. You'll take this to your doctor, who will:

• Review your medical history and current condition
• Determine if you meet FMLA's medical criteria
• Document the expected duration of the condition
• Specify if you need a continuous leave, FMLA intermittent leave or a reduced schedule 
• Provide estimated dates for treatment and recovery

What Information Goes in the Certification

FMLA doctor certification includes:

• Confirmation that a serious health condition exists
• The date the symptoms began
• Expected duration of the condition
• Whether you (or your family member) are unable to perform work or daily activities
• Treatment schedule and need for continuing care
• Whether intermittent or reduced schedule leave is medically necessary

Most employers require you to submit medical certification within 15 calendar days of requesting FMLA leave. 

Getting FMLA certification doesn't have to be complicated or time-consuming. Whether you're dealing with a chronic condition, planning for surgery, or facing an unexpected medical situation, Trust Medical helps you get the documentation you need to protect your job and focus on your health.

Think you might qualify? Take our free 3-minute quiz to pre-qualify for FMLA and connect with a licensed physician who can provide your certification.

Start your quiz now.

References: 

https://www.dol.gov/agencies/whd/fmla 

https://www.dol.gov/general/topic/benefits-leave/fmla 

https://diabetes.org/advocacy/know-your-rights/medical-leave https://www.dol.gov/agencies/whd/fact-sheets/28-fmla 

https://www.dol.gov/agencies/whd/fmla/faq