The Family and Medical Leave Act (FMLA), passed in 1993, is a labor law that provides vital protection for employees in the United States. This law is designed to allow employees to take time off work because of a serious health condition(s), to assist immediate family members with a serious health condition, for the birth and care of a newborn child, and for the placement of a child for adoption or foster care.
Understanding who qualifies for FMLA leave and how long they can be away is crucial for both employees and employers. This article will explore the eligibility criteria, duration of leave, and the rights and responsibilities that come with this important federal law, ensuring that you are fully informed and prepared to navigate the complexities of FMLA leave.
The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of job-protected unpaid leave per year for family or medical reasons, with all benefits (including the employee's health insurance) maintained during the leave. The 12 weeks do not have to be taken consecutively — employees may take FMLA leave intermittently or for an extended period (“continuous” FMLA leave), depending on their specific circumstances. Once the FMLA-qualifying employee's leave ends, the employee is entitled to return to the same or an equivalent position as they had before their leave, with no undue changes to the employee's schedule, work location, or benefits.
In most cases, the U.S. Department of Labor administers FMLA, although special rules apply to employees of local education agencies. For federal employees, FMLA is administered by the Office of Personnel Management. The Family and Medical Leave Act applies in all 50 states, and employers are prohibited from discriminating or retaliating against employees who exercise, or attempt to exercise, any of their FMLA rights.
The law also permits covered employers to require (or employees to request) an employee to substitute paid leave (such as sick leave or vacation leave) for some or all of the unpaid FMLA leave period. In these circumstances, employees must follow normal paid leave rules. However, this type of paid leave is still counted as “FMLA-protected” if it is used for the birth or adoption of a child, a serious medical condition, or any other reason covered under the Family and Medical Leave Act.
FMLA applies to all public agencies regardless of size (local, state, and federal employers) and all public and private elementary and secondary schools. It also applies to private-sector employers with 50 or more employees within 75 miles that have employed these workers for at least 20 work weeks during the current or previous calendar year.
Employees in these situations are not eligible for FMLA leave automatically. An eligible employee is entitled to unpaid leave under the Family and Medical Leave Act only once they have worked for a covered employer for at least 12 months and at least 1,250 hours. The 12 months do not have to be consecutive, although employment under the same employer is typically only counted within a seven-year timespan (unless the break is due to military obligations or governed by a collective bargaining agreement).
Whether an employee has worked the minimum required for FMLA is determined according to FLSA (Fair Labor Standards Act) principles for determining compensable hours of work. Paid and unpaid time off, vacation, and sick leave do not apply. Special “hours of service” rules apply to certain employees, such as airline flight crews.
Employers that fall into the eligible categories must provide an employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
Both mothers and fathers have the same right to unpaid leave under the Family and Medical Leave Act. FMLA leave covers both:
In addition to childbirth itself, an employee is entitled to FMLA leave for prenatal care, pregnancy, or serious health conditions that arise as a result. Spouses can also use FMLA leave to care for a partner who is incapacitated due to pregnancy or childbirth. Childbirth or adoption-related FMLA leave typically applies for up to 12 months after the birth of a newborn child or adoption/foster child placement, although employees may also request a continuous leave of absence if their child has a serious health condition.
Medical leave under FMLA may apply in any situation that renders an employee unable to perform their job duties. This may be due to a sudden serious health condition (whether it's a physical or mental condition) or to continue treatment for a serious condition that is already being monitored by a health care provider. It can also apply in situations that involve an employee needing to provide care for an immediate family member with a serious health condition, such as a child, spouse, or parent.
Military family leave provisions, added to the Family and Medical Leave Act in 2008 and 2010, provide additional FMLA leave protection for active-duty military families. These provisions apply if the employee’s immediate family member (typically a spouse, child, or parent) is a covered military member on “covered active duty," or if an active servicemember is dealing with their own serious health condition. FMLA leave can be extended up to twenty-six weeks in circumstances where an employee is caring for a covered servicemember in their immediate family (spouse, parent, child, or next of kin). This type of FMLA leave is known as military caregiver leave.
If you are pregnant, planning on adoption or foster care, have a scheduled surgical procedure or medical treatment coming up, or have another eligible reason to seek FMLA in the near future, here’s what to do:
Inform your employer about your need for FMLA leave as soon as possible. If you know that you will need job-protected leave, try to tell your employer at least thirty days in advance (or as soon as practicable). Providing as much notice as you can gives your employer time to make necessary arrangements and ensures your family and medical leave is properly documented.
When you request FMLA leave, your employer is legally required to inform you about any specific obligations or expectations involved with your leave. This includes:
If any of this information changes, your employer must tell you within five business days.
Your employer will likely require you to fill out specific forms to formally request family and medical leave. If you are requesting family and medical leave due to a serious health condition that impairs your ability to perform essential functions, your employer is allowed to ask for relevant medical certification from a healthcare provider. However, also remember that your employer cannot ask you to provide your full medical records or any information unrelated to your FMLA leave, as you are entitled to privacy about your medical history under HIPAA.
If you are requesting that your healthcare provider speak with your employer, you will need to sign a written authorization for the relevant medical certification to be released. In cases where you are not dealing with your own serious health condition but instead are caring for a family member, you may need to ask your HR department about the best way to provide medical certification.
Before your family and medical leave starts, work with your employer to discuss how your absence will be managed during your days or weeks of FMLA leave. This might include transitioning your work responsibilities temporarily to colleagues or planning how and when you’ll return to work. Also, don’t forget to review your rights and responsibilities with your HR department, such as confirming that you will have continued health insurance coverage. .
After you’ve submitted your FMLA request, ensure it’s been processed and approved by your employer. Your employer is required to tell you if you are eligible for FMLA leave within five business days of your request. Keep a copy of all correspondence and documents related to your FMLA leave for your records.
Many of life’s big circumstances aren’t planned for — especially when it comes to health. In the case of an unexpected illness or a situation where you need to care for a spouse or family member, here’s what to do:
In any situation where advance notice isn’t possible, inform your employer of your need for FMLA leave as soon as possible. The sooner your employer is aware, the better they can support you during your time away. If you contact your employer by phone, also remember to submit your request in writing for documentation purposes.
Even in emergencies, your employer will likely need at least a few details in order to formally approve your FMLA leave. This may include the nature of the emergency and an estimated duration of your absence. Fill out all of the paperwork as soon as you can to keep things moving quickly.
If you are seeking emergency FMLA leave to care for yourself or a family member with a serious health condition, your employer must allow you at least 15 calendar days after the date of your FMLA request to provide medical certification. Once again, if you are requesting that a healthcare provider speak with your employer about previous or continuing treatment for a medical condition, you will need to sign a written authorization for such certification to be released.
While managing an emergency, staying in touch with your employer can help smooth the process. Provide updates as your situation allows, especially if the duration of your leave changes or if you think you will need additional time off. However, remember that your main priority should be your health or the well-being of your loved one. Rely on your employer’s understanding of FMLA guidelines and focus on what matters most during your emergency leave.
Follow up within five business days of your medical or family leave request to ensure it has been processed and approved by your employer. Maintain documentation of all correspondence and paperwork related to your FMLA leave for your records. Both state and federal law dictates that FMLA-qualifying employers promptly and reasonably respond to employee requests for information, so don't hesitate to check in with your employer if you have a question about your health insurance coverage, schedule, or other important topics.
For employees who need to take time off from work to care for a sick loved one, recover from a serious health condition, or bond with a new family member, FMLA is not the only option. You can also check federal or state law for other leave options. As of 2024, 13 states (California, Colorado, Connecticut, Delaware, Maine, Massachusetts, Maryland, Minnesota, New Jersey, New York, Oregon, Rhode Island, Washington, and the District of Columbia) have passed state-law-specific protections granting mandatory paid family and medical leave (PFML) for eligible employees.
Eight other states (Alabama, Arkansas, Florida, New Hampshire, Tennessee, Texas, Vermont, and Virginia) have voluntary PMFL laws, which expand an employee's ability to obtain insurance for paid leave on the private market. (The word “voluntary” in this context means that an employer may or may not choose to participate in these programs.)
In some circumstances, employees dealing with serious health conditions can apply for paid short-term disability leave. For example, a new mother might request six weeks of short-term disability to rest and recover after giving birth. While paid short-term disability does provide more financial security than unpaid FMLA leave, it’s important to note that it only applies to eligible employees’ health conditions— not their family members. It also does not guarantee job security, so at times it is best to apply for both FMLA leave and short-term disability.
If you’re an employer, understanding the specifics involved with the Family and Medical Leave Act is an absolute must — and that’s where HR expertise comes in handy. If you need HR support for your business, myHR Partner is ready to assist. From compliance management to benefits administration, we provide customized outsourced HR services for small and mid-sized organizations. Contact us today to get the HR help you need!
Disclaimer: This article is not meant to replace your employer’s FMLA policy or any government-provided information about FMLA leave. For information specific to your circumstances, please check with your employer, HR department, and the U.S. Department of Labor website (DOL.gov.)