---
kind: "section"
citation: "29 C.F.R. § 825.112"
title: "29"
number: "825.112"
heading: "Qualifying reasons for leave, general rule."
url: "https://uscodex.org/cfr/29/825.112"
---

# §825.112. Qualifying reasons for leave, general rule.

- (a) **Circumstances qualifying for leave.** Employers covered by FMLA are required to grant leave to eligible employees:
  - (1) For birth of a son or daughter, and to care for the newborn child (see [§ 825.120](/cfr/29/825.120.md));
  - (2) For placement with the employee of a son or daughter for adoption or foster care (see [§ 825.121](/cfr/29/825.121.md));
  - (3) To care for the employee's spouse, son, daughter, or parent with a serious health condition (see §§ [825.113](/cfr/29/825.113.md) and [825.122](/cfr/29/825.122.md));
  - (4) Because of a serious health condition that makes the employee unable to perform the functions of the employee's job (see §§ [825.113](/cfr/29/825.113.md) and [825.123](/cfr/29/825.123.md));
  - (5) Because of 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 has been notified of an impending call or order to covered active duty status (see §§ [825.122](/cfr/29/825.122.md) and [825.126](/cfr/29/825.126.md)); and
  - (6) To care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the covered servicemember. See §§ [825.122](/cfr/29/825.122.md) and [825.127](/cfr/29/825.127.md).
- (b) **Equal application.** The right to take leave under FMLA applies equally to male and female employees. A father, as well as a mother, can take family leave for the birth, placement for adoption, or foster care of a child.
- (c) **Active employee.** In situations where the employer/employee relationship has been interrupted, such as an employee who has been on layoff, the employee must be recalled or otherwise be re-employed before being eligible for FMLA leave. Under such circumstances, an eligible employee is immediately entitled to further FMLA leave for a qualifying reason.

## Notes

### Authority

Authority: 29 U.S.C. 2654; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at sec. 701.

### Source

Source: 78 FR 8902, Feb. 6, 2013, unless otherwise noted.