The Family and Medical Leave Act (FMLA) lets eligible employees take unpaid, job-protected time off for certain family and medical reasons while keeping group health coverage.
Who is eligible
- You work for a covered employer, generally a private employer with 50 or more employees, or a public agency or school.
- You have worked for the employer at least 12 months.
- You worked at least 1,250 hours in the past 12 months.
- Your worksite has at least 50 employees within 75 miles.
Qualifying reasons
- The birth of a child and bonding with the child.
- Adoption or foster placement.
- Caring for a spouse, child or parent with a serious health condition.
- Your own serious health condition.
- Certain military family needs, with up to 26 weeks for caregivers of injured service members.
What it protects
Eligible employees can take up to 12 workweeks in a 12-month period. Your employer must maintain your health coverage on the same terms and generally restore you to the same or an equivalent job. Leave can sometimes be taken in pieces, called intermittent leave, when medically necessary.
How to request leave
- Give your employer 30 days' notice when the need is foreseeable, or notice as soon as possible otherwise.
- Provide medical certification if requested.
- Keep copies of requests and responses.
- If you believe your rights were violated, contact the Department of Labor's Wage and Hour Division or an employment lawyer.
Frequently asked questions
Is FMLA leave paid?
The federal law is unpaid, though you may use accrued paid leave, and some states run paid family leave programs.
What if my employer is too small for FMLA?
Check your state law. Several states provide leave rights to smaller employers or to more workers.