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Ask Atlas · At will and wrongful termination

What federal FMLA information addresses time off to seek a civil protective or restraining order?

United States — limited federal general information

Published · Reviewed by Ahmad Sulaiman

**REVIEW ONLY — General federal public information, not legal advice or publication-approved text.**

Short answer

Federal FMLA provisions do not list taking time off solely to seek a civil protective or restraining order as a qualifying leave reason. The FMLA does list leave when a serious health condition makes an employee unable to perform the job; a serious health condition is a physical or mental condition involving inpatient care or continuing treatment by a health care provider. For an eligible employee of a covered employer who takes qualifying FMLA leave for its intended purpose, the statute provides restoration rights subject to stated limits and prohibits interference with FMLA rights, but this overview does not decide whether a separate law applies in a particular work location. [1] [2] [3] [4] [5] [6]

What the federal sources say

The statute lists the FMLA's leave reasons. They include an employee's serious health condition that makes the employee unable to perform job functions, care for a specified family member with a serious health condition, birth or placement of a child, qualifying military exigencies, and servicemember care. The statute and regulation reviewed do not identify time off solely to seek a civil protective or restraining order as a separate listed reason. [1] [2]

A serious health condition is not just any need for time away from work. The regulation defines it as an illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment by a health care provider. The Department of Labor also states that FMLA leave may be available for certain health-related issues resulting from domestic violence. [3] [7] When an eligible employee takes leave under the FMLA for the intended purpose of that leave, the statute provides restoration to the same or an equivalent position, subject to stated limitations. It also makes it unlawful to interfere with, restrain, or deny the exercise or attempted exercise of an FMLA right. [4] [5]

Scope that needs a jurisdiction-specific check

No work location is stated in the question. Because other laws may provide protections beyond the FMLA, this candidate cannot say whether a state, territorial, tribal, local, or other rule addresses time away to seek a protective or restraining order. It also does not interpret an employer policy, contract, collective-bargaining agreement, court order, or personal facts. [6]

To check the unresolved question, a reviewer would need the work location and then a current official source for that jurisdiction. A qualified reviewer should determine whether that source covers time away to seek a civil protective or restraining order and, if it does, what coverage, notice, and anti-retaliation conditions it states.

Source-currentness note

This candidate was prepared on 2026-10-25. The U.S. Code pages state that their text is current through Public Law 119-124, enacted October 15, 2026. The eCFR pages state that Title 29 is current through October 22, 2026 and was last amended October 14, 2026; eCFR describes itself as authoritative but unofficial. The supplied Department of Labor fact sheet displays “Revised March 2025,” and the supplied FAQ displays no revision or effective date. These displayed dates do not prove no relevant change occurred through 2026-10-25. Citation-currentness confirmation remains a review hold.

Review status

References

[1] 29 U.S.C. 2612 Leave requirement

[2] 29 CFR 825.112 Qualifying reasons for leave

[3] 29 CFR 825.113 Serious health condition

[4] 29 U.S.C. 2614 Employment and benefits protection

[5] 29 U.S.C. 2615 Prohibited acts

[6] U.S. Department of Labor Fact Sheet 28 The Family and Medical Leave Act

[7] U.S. Department of Labor FMLA Frequently Asked Questions