What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a central component of employee rights in the United States, as it guarantees job-protected, unpaid leave for workers during critical moments in their lives. Since its enactment in 1993, the FMLA has provided employees with the security to address personal and family needs without putting at risk their employment or benefits.
For employees, FMLA offers peace of mind during critical life events, such as the birth of a child or caring for a seriously ill family member. For employers, it serves as a framework to support their workforce while maintaining compliance with federal regulations. In this guide, we’ll take a look at the FMLA in detail—its purpose, eligibility requirements, the types of leave it covers, and the responsibilities it places on employers.
What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act is a federal law that allows eligible employees to take unpaid, job-protected leave for family and medical reasons. Signed into law by President Bill Clinton in 1993, it guarantees that workers can manage personal or family responsibilities without losing their jobs or health benefits.
This federal law entitles eligible employees to take up to 12 weeks of unpaid leave during a 12-month period for specific situations, such as the birth or adoption of a child, personal health issues, or caring for an immediate family member with a serious health condition. In some cases, such as caring for a service member injured in the line of duty, the leave period extends to 26 weeks.
The passage of the FMLA marked a turning point in U.S. labor rights. It was the first law of its kind to make sure that employees could manage personal and family responsibilities without sacrificing their jobs. Before its enactment, workers often faced impossible choices between fulfilling caregiving duties or protecting their income. The rapid growth of the workforce in the late 20th century, especially with more women balancing careers and family life, underscored the need for such protections.
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Who Can Take FMLA Leave?
Not every employee qualifies for FMLA leave—it’s meant for those who meet certain criteria. To be eligible, you must:
- Work for a covered employer. Covered employers include private companies with 50 or more employees, public agencies, and schools.
- Have worked for the employer for at least 12 months. These months don’t have to be consecutive, but only work within the past seven years generally counts. Exceptions exist for military obligations or specific agreements.
- Have clocked 1,250 hours in the past 12 months. This equals about 24 hours a week on average—special rules apply for airline flight crews.
- Work at a location with 50+ employees within a 75-mile radius.
On top of this, some employees may not qualify for FMLA leave, even if they meet general criteria. This includes those on temporary contracts lasting one year or less, employees with intermittent work schedules, and presidential appointees who do not accrue leave. Additionally, federal employees follow separate eligibility standards, though they typically share the core requirement of 12 months of service.
Types of Leave Covered by FMLA
The FMLA covers several kinds of leave, depending on the reason for the employee's absence. Let’s go through them in detail:
Parental leave for birth or adoption
Under the FMLA, eligible employees are entitled to take up to 12 work weeks of leave for the birth of a child, adoption, or foster care placement. Both mothers and fathers are entitled to bond with their children during the first year of life or placement. This leave can be taken all at once or intermittently, which depends on the employer’s policies. Additionally, FMLA leave can also be used for the care of a newborn with a serious health condition or related issues from pregnancy or childbirth.
Medical Leave for Serious Health Conditions
FMLA also allows employees to take up to 12 workweeks of leave in a 12-month period for their own serious health condition. A serious health condition is one that prevents an employee from performing their job functions due to illness, injury, or treatment. This includes conditions requiring inpatient care—like hospital stays—or ongoing treatment—like chronic illnesses or surgeries. Employees must provide medical certification to support their leave request, and the leave can be taken intermittently or in one block, depending on the situation.
This item also covers mental health. An employee can request the leave for a physical or mental condition alike.
Family Caregiving for Immediate Family Members
The Family Medical Leave Act also provides the same amount of time of leave to care for a family member—spouse, child, or parent—with a serious health condition. This includes conditions that result in incapacity, such as long-term illnesses, chronic conditions, or recovery from surgery. Similar to taking leave for one's own health, employees must provide medical certification and may take leave intermittently.
Employees visiting a close relative in a residential medical care facility should be covered because it's a medical facility.
Military-Related Leave Provisions
The FMLA provides job-protected leave for employees needing to care for a family member due to military service. Eligible employees can take up to 12 weeks of leave for qualifying exigencies related to a family member’s military deployment. This includes situations like making childcare arrangements for a deployed service member or attending a military ceremony. Additionally, employees may take up to 26 weeks of leave to care for a service member or veteran with a serious injury or illness.
FMLA Rights and Protections for Employees
As we’ve been saying, the FMLA makes sure that employees can take time off for personal or family medical reasons without the worry of losing their job.
When employees return from FMLA leave, they’re entitled to return to their same job or one that’s nearly identical, with the same pay, benefits, and job duties. So, if someone takes time off, they don’t have to worry about being demoted or reassigned to an entirely different role.
Health insurance is another benefit that stays intact during FMLA leave. Employees continue to receive the same coverage as if they had been working as long as they continue paying their share of the premiums. They can also use any paid leave—like vacation or sick days—at the same time as their FMLA leave.
Most importantly, employees are protected from retaliation. Employers can’t punish workers for taking FMLA leave, such as denying promotions or handing out penalties just because an employee used their leave for a family or medical reason. For example, if someone uses FMLA leave to care for a sick family member, their boss can’t hold it against them when it comes time for a raise or promotion.
Employer Responsibilities Under FMLA
As an employer, it’s important to understand your role when it comes to FMLA to guarantee that your employees are well-informed and their leave is handled properly. Here’s an overview of your responsibilities under the law:
Notification Requirements
When an employee requests FMLA leave, you’re required to keep them informed about their rights and your policies. You’ll need to provide several key notices:
- General notice: Post the FMLA poster in a visible area for all employees to see. It’s a simple step that guarantees that your team knows about their rights under FMLA.
- Eligibility notice: When an employee asks for leave, let them know within five business days whether they qualify for FMLA. This includes confirming they’ve worked for at least 12 months and have worked enough hours to be eligible.
- Rights and responsibilities notice: If they are eligible, provide them with written details about their rights under the FMLA and any responsibilities they have while on leave. This might include whether they need to use paid family leave or whether a fitness-for-duty certification is required when they return.
- Designation notice: Once you have enough information to determine whether their leave qualifies for FMLA, notify the employee in writing. This notice should include how much of their leave will count against their 12-week FMLA entitlement.
One of the easiest ways to allow employees to request their leave—and allow members to check how much time they have available—is with time off tracking software.
Documentation and Medical Certification
FMLA leave is based on medical or family reasons, so it’s common to require medical certification. This helps verify that the leave is for a qualifying reason. You must request this certification within five business days of the employee’s leave request. Also, if the leave is for a serious health condition, you can ask for fitness-for-duty certification when the employee returns to work to confirm they’re ready to come back.
Maintaining Benefits and Return-to-Work Policies
While an employee is on FMLA leave, they still have the right to continue their group health insurance coverage under the same terms as if they were actively working. Employees must continue paying their portion of health premiums, and you must inform them of how to make these payments while on leave.
Once they’re ready to return to work, employees must be reinstated to the same or equivalent position with the same pay, benefits, and work conditions. This means that their time away doesn’t harm their career progression or job security.
FMLA FAQs
Are small businesses exempt from FMLA requirements?
Small businesses with fewer than 50 employees are generally not required to comply with FMLA regulations. Still, if they meet the eligibility criteria—e.g., 12 months of service and 1,250 hours worked—employees may still be entitled to FMLA leave.
Can FMLA leave be taken intermittently or only as a continuous block?
FMLA leave can be taken intermittently or on a reduced schedule when medically necessary. Employees can take leave in smaller, periodic increments depending on the nature of the condition or family need.
What are the recent changes or updates to FMLA regulations?
Recent updates to FMLA include greater protections for military families and expanded leave options for certain medical conditions. Additionally, some states have introduced their own family and medical leave laws with more generous coverage.