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To care for a child within one year of birth. Adoption of a child or placement of a foster child at home. Serious illness of a covered service member if the employee is the immediate family member or next of kin of the service member.
When you talk to your employer: Provide enough information to indicate that your leave is due to an FMLA-qualifying reason. While you do not have to specifically ask for FMLA leave, you do need to provide enough information so your employer is aware it may be covered by the FMLA.
Can You Be Fired If Your FMLA Is Denied? Your employer can not retaliate against you for exercising your rights under the FMLA. That means whether you make an FMLA request or appeal their FMLA denial to the DOL or in a private lawsuit, they cannot take adverse employment action against you.
An FMLA serious health condition generally involves a period of incapacity. Incapacity means an individual is unable to work, attend school, or perform other regular daily activities because of the serious health condition, due to treatment of it, or for recovery from the condition.