FMLA lifetime maximum

Issue: One of our employee’s fathers has Alzheimer's disease, and the employee will need to use FMLA leave in the next few years. Is there a lifetime maximum on the amount of FMLA leave that can be taken for a particular event or condition?

Answer: There is generally no limit on the number of years that an employee can take FMLA leave for the same event or condition.

Exceptions to this general rule occur in the case of the birth of a child or the placement of a child for adoption or foster care. Entitlement to FMLA leave for the birth of a child or the placement for adoption or foster care expires at the end of the 12-month period beginning on the date of the birth or placement. Any unused FMLA leave as of that date relating to the birth or placement for adoption or foster care of that particular child is forfeited.

Another exception to this general rule applies in the case of military caregiver leave, which is a per-servicemember, per-injury entitlement.

Source: 29 U.S.C. § 2612(a)(2) and 29 C.F.R. § 825.120.

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