Q. Does the apply to employees who are in jail, too? —A.B., Texas
A. No, the FMLA does not apply to employees whose absences are caused by incarceration. Under the FMLA, eligible employees have a federally protected entitlement to take up to 12 weeks of unpaid leave each year upon the occurrence of one of the following: (1) the birth or placement of a child through adoption or foster care; (2) caring for an immediate family member with a serious health condition; or (3) the employee’s own serious health condition.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Count only hours actually worked for eligibility
- Don't extend disciplinary periods due to FMLA or military absences
- You can demand that employees respond to FMLA leave questions
- You can't eliminate job because others filled in during FMLA leave