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.