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The following criteria must be met to qualify for FMLA:

  • Work for a covered employer.
  • Have worked for GMCS for 12 months
  • Have worked at least 1250 hours
  • Work for an employer that has 50 or more employees within 75 miles of my jobsite.

Circumstances That Qualify for FMLA Leave

Eligible employees may take up to 60 working days/12 work weeks of FMLA Leave in a
12-month period for the following qualifying reasons:

  • The birth of a child and to bond with the newborn within one year of birth,
  • The placement with the employee of a child for adoption or foster care and to bond with the newly-placed child within one year of placement,
  • A serious health condition that makes the employee unable to perform the functions of his or her job, including incapacity due to pregnancy and for prenatal medical care,
  • To care for the employee’s spouse, son, daughter, or parent who has a serious health condition, including incapacity due to pregnancy and for prenatal medical care;
  • Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.

Immediate Family Members

Employees can take FMLA leave due to a serious health condition of the following
family members:


Spouse means a husband or wife as defined or recognized in the state where the individual was married, including a common law marriage or same-sex marriage. Spouse also includes a husband or wife in a marriage that was validly entered into outside of the United States, if the marriage could have been entered into in at least one state.


Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child. This term does not include “parents-in-law.”

Son or Daughter

Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age or who is 18 years of age or older and incapable of self-care because of a mental or physical disability at the time that FMLA leave is to commence. The onset of a disability may occur at any age for purposes of the definition of an adult “son or daughter” under FMLA.

Siblings are NOT considered an “Immediate Family Member”