Have you missed work in the past year due to your own medical condition or that of a family member? Even just a few days spread over time? If you have, your job may be protected under the Family and Medical Leave Act – or FMLA.
What is FMLA?
FMLA allows certain employees to take up to 12 weeks of unpaid leave from work for certain family or medical reasons – or up to 26 weeks to care for a military service member – without the risk of losing your job. FMLA also requires employers to maintain employees’ existing health insurance during a covered leave.
Must all employers follow the FMLA?
No. Many small employers are exempt from the FMLA. However, the FMLA covers all public (i.e. governmental) employers and all K-12 schools. The FMLA also covers private companies or organizations that meet a minimum-employee requirement: 50 or more employees at or within 75 miles of the employee’s work location. These employers are referred to as “covered employers.”
Who is eligible for FMLA?
To be eligible for FMLA leave, an employee must:
- work for a covered employer;
- have worked for the employer for at least 12 months; and
- have worked 1,250 or more hours during the 12 months prior to the start of leave.
The 1,250-hour requirement equates to an employee working about 24 hours per week on average.
When can FMLA be used?
- For the birth and care of your newborn child (Both parents are covered).
- When a child is placed with you for adoption or foster care.
- When you need to care for an immediate family member with a serious health condition.
- When you are unable to work because of your own serious health condition.
What is considered a serious health condition?
An illness, injury, impairment or physical or mental condition that results in a hospital stay or requires continuing treatment by a health care provider.
Does the leave have to be taken all at once?
No. In certain situations, you may take leave periodically, or even work a reduced schedule for a period of time. This is called “intermittent FMLA leave.”
How do I request FMLA?
Unless the need for leave is unexpected, you must notify your employer of your need to take FMLA at least 30-days before the start of your leave. If you are providing less than 30-days notice, you must notify your employer of your need to take FMLA leave as soon as you are aware of that need. An employer may request certification from a medical provider before confirming the leave qualifies as FMLA leave.
What happens if my employer punishes me for taking FMLA?
Taking FMLA leave is a protected activity. It is unlawful for covered employers to punish employees for taking FMLA leave or for requesting it. If your employer punishes you for taking or asking for FMLA leave — even if you don’t qualify for FMLA leave — that could be a violation of your rights under FMLA.
What can I do if my employer denies my FMLA request?
If you feel your rights under FMLA have been violated, or if you have questions regarding your FMLA rights, contact the Wage and Hour Division of the Department of Labor at 1-866-487-9243.
For more information, please visit http://www.dol.gov/whd/fmla/employeeguide.pdf.
This information was updated in April 2024.