Employment Law
If you need time off work for a serious health issue or family situation, the Family and Medical Leave Act may protect your job while you’re away — even if your employer would rather you stay.
What is the FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. When your leave ends, your employer must restore you to the same or an equivalent position.
Who is Eligible?
To qualify for FMLA leave, you must meet all of the following:
- You work for a covered employer (private employers with 50 or more employees, all public agencies, and all public and private elementary and secondary schools)
- You have worked for your employer for at least 12 months
- You have worked at least 1,250 hours in the past 12 months
- You work at a location where the employer has at least 50 employees within 75 miles
What Qualifies for FMLA Leave?
You can take FMLA leave for:
- The birth, adoption, or foster placement of a child
- Caring for a spouse, child, or parent with a serious health condition
- Your own serious health condition that makes you unable to perform your job
- Qualifying military exigencies related to a family member’s military service
- Caring for a covered servicemember with a serious injury or illness (up to 26 weeks)
What Does “Job-Protected” Mean?
It means your employer cannot fire you, demote you, or otherwise penalize you for taking FMLA leave. When you return, you must be restored to your same position — or one with equivalent pay, benefits, and working conditions. If your employer retaliates against you for taking FMLA leave, that is illegal.
Is FMLA Leave Paid?
FMLA leave itself is unpaid under federal law. However, your employer may require — or you may choose — to use accrued paid leave (vacation, sick time) concurrently with your FMLA leave. Some states have their own paid family leave programs that run alongside FMLA. Check your state’s rules.
How to Request FMLA Leave
1. Notify Your Employer
Give at least 30 days notice when the leave is foreseeable (such as a planned surgery or expected birth). For emergencies, notify your employer as soon as practicable — usually the same or next business day.
2. Complete the Required Paperwork
Your employer may require you to complete FMLA certification forms. For medical leave, this typically includes a form completed by your healthcare provider. You generally have 15 calendar days to return the completed certification.
3. Keep Records
Save all correspondence with your employer about your leave request. If your employer denies leave you believe you’re entitled to, consult an employment attorney.
Can Your Employer Deny FMLA Leave?
Your employer can deny FMLA leave if you do not meet the eligibility requirements, if the reason does not qualify, or if you fail to provide required certification. However, if you are eligible and your reason qualifies, denial is illegal. You can file a complaint with the U.S. Department of Labor or pursue a lawsuit.
Key Takeaways
- FMLA provides up to 12 weeks of unpaid, job-protected leave per year
- You must have worked for your employer at least 12 months and 1,250 hours
- Leave can be taken for your own illness, a family member’s illness, or a new child
- Your employer cannot fire or demote you for taking FMLA leave
- FMLA is unpaid — but some states have paid family leave programs
- Give 30 days notice when possible and keep copies of all paperwork
Disclaimer: The information on LegalConsultants.com is provided for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.