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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.
How Do I Request FMLA Leave? To take FMLA leave, you must provide your employer with appropriate notice. If you know in advance that you will need FMLA leave (for example, if you are planning to have surgery or you are pregnant), you must give your employer at least 30 days advance notice.
An employee must have been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave. The hours of service are counted for the 12-month period immediately preceding the leave and generally must be actual hours worked by the employee.
The FMLA focuses on providing up to twelve weeks of unpaid leave to deal with a medical condition or the condition of a family member. Meanwhile, the ADA requires employers to provide reasonable accommodation to employees with disabilities and prohibits disability discrimination in the federal workplace.