Family and Medical Leave Act (FMLA): What You Need to Know

Overview

The Family and Medical Leave Act (FMLA) is a federal law that requires certain employers to provide eligible employees with up to 12 weeks of unpaid, job‑protected leave for specified family and medical reasons. It also protects continuation of group health insurance while an employee is on qualifying leave. The U.S. Department of Labor’s Wage and Hour Division administers the program.

Who qualifies for FMLA

To be eligible, an employee generally must:
* Work for an employer that has 50 or more employees within a 75‑mile radius of the worksite.
* Have worked for the employer for at least 12 months.
* Have logged at least 1,250 hours of work during the 12 months immediately preceding the leave.

Qualifying reasons for leave

Eligible employees may take up to 12 weeks of unpaid leave for reasons including:
* Birth of and care for a newborn child.
* Placement of a child for adoption or foster care.
* Care for a spouse, child, or parent with a serious health condition.
* A serious health condition that makes the employee unable to perform their job.
* Certain qualifying exigencies arising from a family member’s active duty in the Armed Forces.

Military caregiver leave

In certain cases involving a service member’s serious injury or illness, an eligible employee who is the service member’s spouse, child, parent, or next of kin may take up to 26 weeks of leave to care for that servicemember.

Job and benefits protection

• Leave taken under FMLA is unpaid, although employees may choose (or employers may require) use of accrued paid leave during FMLA leave.
• Upon return, employees must be restored to the same position they held before leave or to an equivalent position with equivalent pay, benefits, and responsibilities.
• Employers must maintain group health insurance coverage on the same terms as if the employee had continued to work.

Recent expansions (COVID‑19)

Temporary expansions of leave related to COVID‑19 were authorized under the Families First Coronavirus Response Act (FFCRA) and later extended in certain ways by other legislation. Those emergency provisions had specific durations and applicability; employers and employees should consult current guidance for any lingering or new rules.

How to use FMLA

• Notify your employer as soon as practicable when you need leave; employers may have notice and certification requirements.
• Employers may request medical certification to support a leave request.
• Keep records of communications and documentation related to your leave.

Key takeaways

• FMLA provides up to 12 weeks of unpaid, job‑protected leave for specified family and medical reasons (26 weeks for certain military caregiver situations).
• Eligibility depends on employer size and the employee’s length and amount of service.
• Group health coverage must continue during FMLA leave, and employees are entitled to return to the same or an equivalent job.

For specific situations, procedural questions, or to confirm current rules, consult the Department of Labor’s Wage and Hour Division or your employer’s human resources department.