Family and Medical Leave Act (FMLA)

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What is the Family and Medical Leave Act (FMLA)?

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 per year for certain family and medical reasons. These reasons include the birth or adoption of a child, the care of an immediate family member with a serious health condition, and the employee’s own serious health condition. The law also requires that the employer maintain the employee’s group health insurance during the leave. The law applies to employers with 50 or more employees.

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Image showing the meaning of the Family and Medical Leave Act

Characteristics of the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) has several key characteristics, including:

  • Eligibility: To be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months and have worked at least 1,250 hours during the 12-month period preceding the leave.
  • Coverage: The law applies to employers with 50 or more employees, and it applies to both public and private sector employers.
  • Reason for leave: The law allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, such as the birth or adoption of a child, the care of an immediate family member with a serious health condition, and the employee’s own serious health condition.
  • Continuation of Benefits: Employers are required to maintain the employee’s group health insurance during the leave.
  • Job Protection: Employers are required to restore employees to the same or an equivalent position upon their return from leave.
  • Notice and Certification: Employees are required to provide their employers with 30 days notice of their intent to take leave, when it is foreseeable, and employers can require certification from a healthcare provider to support the need for leave.
  • Non-interference: Employers are prohibited from interfering with, restraining, or denying the exercise of any right provided under the FMLA.

What is the process for taking FMLA leave?

The process for taking Family and Medical Leave Act (FMLA) leave typically includes the following steps: HBR’s labor research shows that FMLA interference claims — where employers deny, discourage, or penalize leave — account for over 60% of all FMLA litigation, making proper leave administration a significant compliance priority. SHRM’s FMLA compliance guidance provides detailed flowcharts and notice templates to help HR administer leave law notice, certification, and return-to-work requirements correctly.

  1. Eligibility: The employee must have worked for the employer for at least 12 months and have worked at least 1,250 hours during the 12-month period preceding the leave.
  2. Notice: The employee must provide their employer with 30 days notice of their intent to take leave, when it is foreseeable.
  3. Certification: Employers can require certification from a healthcare provider to support the need for leave.
  4. Leave: The employee can take up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.
  5. Benefits: Employers are required to maintain the employee’s group health insurance during the leave.
  6. Return to Work: Employers are required to restore employees to the same or an equivalent position upon their return from leave.
  7. Non-interference: Employers are prohibited from interfering with, restraining, or denying the exercise of any right provided under the FMLA.

FMLA administration begins before hiring — at workforce planning and job design stage. Organizations using pre-employment assessments ensure every hire is grounded in verified skills. A data-driven hiring plan reduces mis-hire risk, while strong talent acquisition practices focused on skills-based hiring help organizations attract and retain top talent.

Frequently asked questions

The Family and Medical Leave Act entitles eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave per year for: (1) the birth, adoption, or foster placement of a child; (2) caring for a spouse, child, or parent with a serious health condition; (3) the employee’s own serious health condition; or (4) qualifying exigencies related to a family member’s military service. Military caregiver leave can extend to 26 weeks.

To be eligible, an employee must: (1) work for a covered employer (50+ employees within 75 miles); (2) have worked for that employer for at least 12 months; and (3) have worked at least 1,250 hours during the 12 months preceding the leave. Part-time employees can qualify if they meet the hour threshold. New employees and those with less than 12 months of service are not eligible.

A serious health condition includes: inpatient care (any overnight stay in a hospital or residential care facility); incapacity of more than 3 consecutive calendar days plus treatment; chronic conditions requiring periodic treatment; permanent or long-term conditions; and conditions requiring multiple treatments. The common cold, flu without complications, and routine minor illnesses typically do not qualify.

When leave is foreseeable, employees must give 30 days advance notice when practicable. For unforeseeable leave, employees must notify the employer as soon as practicable — generally the same or next business day after learning of the need. Employees don’t need to specifically invoke ‘FMLA’ — they need only provide sufficient information for the employer to recognize a potentially FMLA-qualifying situation.

Yes. Employers may require employees to substitute accrued paid leave (vacation, sick, PTO) to run concurrently with FMLA leave. This doesn’t extend the 12-week entitlement — it means the employee receives pay during what would otherwise be unpaid FMLA time. Employers must notify employees of this policy before or when FMLA leave begins. This concurrent-use approach is standard practice in most organizations.

Upon return from FMLA leave, employees are entitled to restoration to the same position or an equivalent position (equivalent pay, benefits, terms, and conditions). Employers cannot use FMLA leave as a negative factor in employment decisions. However, employees who are unable to perform the essential functions of their position upon return may face other processes (ADA accommodation analysis, performance management).