What Is FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid leave for family and medical reasons while maintaining job protection and health insurance.

Eligibility. You must work for a covered employer (50+ employees within 75 miles), have worked there for at least 12 months, and have worked at least 1,250 hours in the past 12 months.

Qualifying reasons for leave:

Birth of a child and bonding with a newborn

Placement of a child for adoption or foster care

Caring for a spouse, child, or parent with a serious health condition

Your own serious health condition that prevents you from performing your job

Qualifying exigency related to a family member's military service

Up to 26 weeks to care for a covered servicemember with a serious injury

What FMLA provides:

Up to 12 weeks of unpaid leave per 12-month period

Continuation of group health insurance on the same terms

Restoration to the same or an equivalent position upon return

Protection from retaliation for exercising FMLA rights

Important details:

Leave can be taken all at once or intermittently (e.g., reduced schedule).

Employers may require medical certification.

Employers may require you to use accrued paid leave concurrently.

Key employees (highest-paid 10%) may be denied job restoration in limited circumstances.

State laws. Many states have their own family leave laws that provide additional protections, longer leave, paid leave, or cover smaller employers.

This is legal information, not legal advice.