FMLA (Family and Medical Leave Act)

A federal law giving eligible employees up to 12 weeks of unpaid, job-protected leave per year.

The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that allows eligible employees to take up to 12 weeks of unpaid leave per year for specific family and medical reasons — without losing their job or employer-provided health insurance. Upon return, the employee must be restored to the same or an equivalent position.

FMLA leave can be taken all at once, intermittently, or as a reduced schedule. It applies to private-sector employers with 50 or more employees, all public agencies, and all public and private elementary and secondary schools.

Who Is Eligible

  • You must have worked for your employer for at least 12 months.
  • You must have worked at least 1,250 hours in the past 12 months (roughly 24 hours/week).
  • Your employer must have 50 or more employees within 75 miles of your worksite.
  • Federal, state, and local government employees and public school employees are covered regardless of employer size.

Qualifying Reasons for FMLA Leave

  • Birth of a child and care of the newborn within the first year.
  • Placement of a child for adoption or foster care within the first year.
  • Care for a spouse, child, or parent with a serious health condition.
  • Your own serious health condition that prevents you from performing essential job functions.
  • Qualifying exigency related to a family member's military service.
  • Care for a covered servicemember with a serious injury or illness (up to 26 weeks).

Key Protections and Limitations

  • Job protection — you must be returned to the same or equivalent position upon return.
  • Health insurance continuation — your employer must maintain your group health coverage during leave.
  • FMLA is unpaid — but you may be required or allowed to use accrued paid leave concurrently.
  • No protection against layoffs that would have occurred regardless of the leave.
  • Employers can require medical certification from a healthcare provider.
  • Intermittent leave is permitted but must be medically necessary.

FMLA vs. State Leave Laws

Many states have their own family and medical leave laws that are more generous than FMLA — covering smaller employers, providing paid leave, or allowing leave for additional reasons. California, New York, Washington, New Jersey, Massachusetts, Oregon, and Colorado all have paid family leave programs. When both federal and state law apply, employees get the benefit of whichever is more generous. FMLA and state leave often run concurrently.

Example

An employee is diagnosed with a serious health condition requiring surgery and recovery. She takes 8 weeks of FMLA leave, returns part-time for 2 weeks under a reduced schedule, then returns full-time — all within her 12-week annual entitlement.