• Birth and care of the employee's child or placement for adoption or foster care of a child with the employee;
• To care for an immediate family member (spouse, child, parent) who has a serious health condition; or
• For the employee's own serious health condition.

When leave is foreseeable, an employee must provide the employer with at least 30 days notice of the need for leave or as much notice as is practicable. If the leave is not foreseeable, then notice must be given as soon as practicable. An employer may require medical certification of a serious health condition from the employee’s health care provider, and may require periodic reports during the period of leave of the employee’s status and intent to return to work, as well as "fitness-for-duty" certification upon return to work in appropriate situations.

When the employee returns from FMLA leave, the employee is entitled to be restored to the same or an equivalent job. An equivalent job is one with equivalent pay, benefits, responsibilities, etc. The employee is not entitled to accrue benefits during periods of unpaid FMLA leave, but must be returned to employment with the same benefits at the same levels as existed when leave commenced.

Employers are required to post a notice for employees that outlines the basic provisions of FMLA and are subject to a civil money penalty for willfully failing to post such notice. Employers are prohibited from discriminating against or interfering with employees who take FMLA leave.

In order to be "eligible" for FMLA leave, an employee must be employed by a covered employer and work at a worksite within 75 miles of which that employer employs at least 50 employees; must have worked at least 12 months (which do not have to be consecutive) for the employer; and, must have worked at least 1,250 hours during the 12 months immediately preceding the date of commencement of FMLA leave.

All public agencies (state and local government) and local education agencies (schools) are covered. These employers do not need to meet the 50 employee test. Most federal employees are covered by Title II of FMLA and are subject to regulations issued by the Office of Personnel Management.

1. Back pay is the most common form of relief. It is given at the courts discretion. Back pay consists of wages, salary and fringe benefits employee would have earned during the period of discrimination.

2. In a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to 12 weeks of wages or salary for the employee.

3. Liquidated damages equal to the sum of lost wages or other monetary losses (plus interest) may be awarded. However, liquidated damages may be reduced/eliminated if an employer can prove that it acted in good faith.

4. Attorney’s Fees may be awarded to the prevailing party.

5. Injunctive relief is offered when there is an intentional discriminatory employment practice. For instance, an employee can be reinstated and an employer can be ordered to prevent further discrimination.