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When an employee requests time off for a reason that isn't routine—a mental health issue, a military family obligation or even a post-disaster recovery—you may wonder: Does this qualify for FMLA?
It's a fair question. The FMLA is filled with nuance, and while most HR professionals know how to manage maternity leave or a straightforward surgery, the less common scenarios are where mistakes happen—and where legal risk can rise.
This FMLA guide explores nine lesser-known, but fully valid, reasons employees may qualify for leave—and what employers need to know to stay compliant.
RELATED: FMLA Rules - FAQs and Compliance Checklist >>
As a refresher, the FMLA requires employers with 50 or more employees to provide eligible workers with up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain qualifying reasons. Employees are eligible if they:
Understanding what qualifies for FMLA—and what doesn’t—is critical. Employers that get it wrong, even unintentionally, risk Department of Labor investigations, costly lawsuits and serious morale issues.
While HR teams can typically manage routine leave requests with confidence, less common FMLA qualifying reasons require extra care.
Below are nine often-misunderstood FMLA situations every employer should be prepared for:
Whether holidays count toward FMLA leave depends on how the leave is taken.
Employers should ensure consistency in how holiday leave is tracked and documented.
RELATED: FMLA, Holiday Pay and PTO: What Employers Need to Know >>
FMLA leave isn’t just for birth parents. It also covers bonding time for employees who foster or adopt children. Employees may request leave before placement (for travel, court appearances or home preparation) or after to bond with the child.
However, employers must be careful not to ask for documentation that could violate privacy or appear discriminatory. When in doubt, consult a knowledgeable HR advisor or legal counsel.
Intermittent FMLA leave is one of the most challenging areas for employers to manage.
Suppose a healthcare provider certifies that leave is medically necessary. In that case, employees are entitled to take time off in non-continuous blocks (even just a few hours at a time) within the same 12-month period.
Best practices for managing intermittent leave include:
Because it’s often the employer’s responsibility to determine if leave qualifies under FMLA, proactive training is critical.
While FMLA doesn’t prohibit employers from reaching out to employees during leave, unnecessary or excessive contact can expose employers to risk.
Contact should be limited to essential questions that can’t wait until the employee returns. Examples include:
Always keep a written record of communications and avoid asking employees to perform work-related tasks while on leave.
RELATED: Can We Talk? Avoiding Legal Landmines with Employees on FMLA Leave >>
Mental health conditions, including anxiety, depression, PTSD or other chronic psychological disorders, may qualify for FMLA leave if they meet the criteria for a serious health condition.
To qualify, the condition typically must involve inpatient care or continuing treatment by a healthcare provider. Employees may also request intermittent leave for flare-ups or appointments related to their condition.
Employers should be aware that mental health conditions carry the same FMLA protections as physical illnesses and must be treated accordingly.
RELATED: What Employers Need to Know About FMLA and Mental Health >>
It might surprise some employers, but a natural disaster could potentially trigger FMLA leave.
Suppose an employee experiences a qualifying serious health condition as a result of a disaster (e.g., injury, PTSD, or worsening of a chronic condition). In that case, they may be entitled to protected time off.
Additionally, caring for a child, spouse or parent with a serious health condition following a disaster may also qualify.
Employers should evaluate these cases carefully and compassionately—and not assume they fall outside FMLA protections.
FMLA includes special provisions to support employees with family members in the military. These are among the least commonly used leave types but can be critically important when applicable.
These military-related leaves have their own documentation requirements and timelines. Employers should ensure policies reflect these distinctions and that managers are trained on how to handle these requests with care and compliance.
If an employee seeks treatment for drug or alcohol addiction from a healthcare provider or an accredited rehabilitation program, that treatment may qualify for FMLA—as long as it meets the definition of a serious health condition.
This can include inpatient care (such as a residential facility) or ongoing treatment by a healthcare provider.
However, there are important boundaries:
The key distinction is this: FMLA protects an employee’s right to seek help, not their right to violate company policy. Employers should clearly separate performance or conduct issues from treatment-related leave and document both thoroughly.. However, employers should note:
Employers should approach these situations with both compliance and sensitivity.
Some health conditions may qualify for FMLA even if symptoms come and go. These include chronic illnesses like:
What makes these conditions FMLA-eligible is that they require periodic treatment by a healthcare provider—even if the employee does not need constant care.
Employees experiencing flare-ups or receiving regular treatments (such as insulin injections or infusions) may qualify for intermittent FMLA leave. It's important for employers to:
Inconsistent handling of chronic condition leave is one of the most common causes of inadvertent FMLA violations, so documentation and manager training are essential.
When FMLA situations fall outside the norm, even experienced business owners can second-guess their decisions. If you're unsure what qualifies for FMLA—or how to handle uncommon leave scenarios—expert support can make all the difference.
That’s where Axcet HR Solutions comes in.
Our certified HR consultants support small and mid-sized businesses in interpreting and applying FMLA regulations—no matter how uncommon the situation. We help you stay compliant, protect your business and support your team.
Explore Axcet’s Comprehensive HR Services »
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