FMLA Leave
Federal job-protected leave for family and medical reasons
What is FMLA Leave?
The Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. It also requires that group health benefits be maintained during the leave.
Federal Requirements
FMLA is federal law. Covered employers must provide 12 weeks unpaid leave for: birth/bonding with child, placement of foster/adopted child, care for immediate family member with serious health condition, employee's own serious health condition, or qualifying military exigency.
State-by-State Requirements
Eligibility Requirements
- •Worked for employer for at least 12 months
- •Worked at least 1,250 hours in the 12 months before leave
- •Work at a location with 50+ employees within 75 miles
- •Employer must be covered (50+ employees or public agency/school)
Employer Obligations
- ⚠️Provide up to 12 weeks of job-protected leave
- ⚠️Maintain group health insurance during leave
- ⚠️Restore employee to same or equivalent position
- ⚠️Post required FMLA notices
- ⚠️Provide eligibility and rights notices
- ⚠️Track FMLA usage accurately
Employee Rights
- ✓Up to 12 weeks unpaid leave per year
- ✓Job restoration to same or equivalent position
- ✓Maintenance of health insurance
- ✓Protection from retaliation
- ✓Intermittent leave when medically necessary
Best Practices for Employers
- 💡Train managers on FMLA requirements
- 💡Use consistent eligibility determination process
- 💡Track intermittent leave carefully
- 💡Communicate clearly with employees on FMLA
- 💡Coordinate FMLA with other leave types
- 💡Document all FMLA actions thoroughly
Frequently Asked Questions
Who is eligible for FMLA?
Employees who have worked for their employer for at least 12 months, worked at least 1,250 hours in the past 12 months, and work at a location with 50 or more employees within 75 miles.
Is FMLA paid or unpaid?
FMLA leave is unpaid. However, employees may use accrued paid leave (vacation, sick) during FMLA leave. Some states have paid family leave programs that can run concurrently.
Can I be fired while on FMLA?
You cannot be fired for taking FMLA leave. However, FMLA does not protect against layoffs or termination for reasons unrelated to FMLA use. Your job is protected, not guaranteed.
What is intermittent FMLA leave?
Intermittent leave allows you to take FMLA leave in separate blocks of time for a single qualifying reason. This is often used for chronic conditions or ongoing treatment.
Track FMLA Leave Easily
LeavePlan Pro helps you manage all types of employee leave, ensuring compliance and making tracking effortless.