Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) requires private employers with 50 or more employees and all state, local, and federal government employers to give employees up to 12 weeks of unpaid leave a year for specific reasons. To take the leave, you must have recently had a child, have a serious health condition, or be taking care of a family member with a serious health condition.

In these situations, the leave must be “job-protected,” which means that after the leave, you must be allowed to return to your original job or be given another job that is similar. The FMLA also requires that these employers keep you on group health care benefits during your leave.

Which Employers Does the FMLA Cover?

The FMLA applies to all public agencies, including state, local, and federal employers, local education agencies (schools), and private-sector employers who employ 50 or more employees.

Who Is Eligible?

To be eligible for FMLA benefits, you must:

• Work for an employer to whom the FMLA applies
• Have been employed by the employer for at least 12 months (or 1 year)
• Have worked for at least 1,250 hours during the 12-month period right before the start of the leave
• Be employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite

When Can You Use the FMLA to Take an Unpaid Leave?

The FMLA lets you take up to 12 weeks (or 3 months) of unpaid, job-protected leave in a 12-month period for the following family and medical reasons:

• You recently gave birth to a child and need to take care of your child.
• You have an adopted or foster child.
• You need to care for a spouse, son, daughter, or parent with a serious health condition.
• You have a serious health condition and need to take medical leave from work.
• You have “qualifying exigencies” (things that must be taken care of urgently) because your spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a military operation.

If you are an eligible employee and your spouse, son, daughter, parent, or next of kin is a current member of the Armed Forces (including a member of the National Guard or Reserves) and has a serious injury or illness, a covered employer must give you up to a total of 26 weeks (or 6.5 months) of unpaid leave during a single 12-month period to care for the service member.

If you and your spouse work for the same employer, you will be limited to a combined total of 12 weeks of leave (or 26 weeks if the leave includes care for a covered service member with a serious injury or illness).

If you recently gave birth to a child or have adopted or foster children living with you, you can take your leave only within the 12 months that immediately follow the birth of your child or the placement date of your adopted or foster child.

Sometimes it is possible to arrange to take leave in more than one block of time as long as the leave is for one reason. For example, someone might arrange to take leave over time in order to have regular treatments for cancer. It may also be possible for you to continue working but use FMLA leave to lower your usual weekly or daily work schedule.

Because FMLA leave is unpaid, you may wish to use any paid sick leave or vacation leave that you have available before or at the same time as your FMLA leave.

Serious Health Condition

The Family and Medical Leave Act (FMLA) defines a "serious health condition" as an illness, injury, impairment, or physical or mental condition that involves one or more of the following reasons for absence:

• You are getting inpatient care.
• Following inpatient care, you have a “period of incapacity,” which means that you are unable to do the basics of your job, attend school, or take care of yourself.
• You get follow-up treatment connected with inpatient care.

You get treatment for a condition that makes you unable to work for longer than 3 consecutive days – whether they are work or nonwork days doesn’t matter – and

• You get that treatment 2 or more times within a 30-day period or
• That treatment is “continuing,” involving, for example, a prescription or physical therapy.

• You get continuing treatment for pregnancy or prenatal care.

• You get continuing treatment for an ongoing, serious health condition that:
  • Lasts for a long time
  • Requires doctor’s visits at least twice a year
  • May involve occasional times of incapacity, which means you’re unable to do the basics of your job or to perform other life activities

• You get continuing treatment for a period of incapacity that is permanent or long-term because of a condition that doesn’t have an effective treatment.

• You get multiple treatments for restorative surgery.

• You get treatment for a condition that, if not treated for more than 3 days, would probably leave you incapacitated.

Continuation of Health Care Benefits

If you had group health insurance through your employer prior to taking FMLA leave, your employer must continue to give you health care coverage during your leave. If you pay part of the cost, you must continue to do so during your leave.

Returning to Your Job

When you return from your FMLA leave, you must be given your job back. If you are not given the same job, you must be given another one with the same pay and benefits. Taking FMLA leave should not cause you to lose any benefits that you earned before you took the leave.

Giving Notice that You Need FMLA Leave

If you know ahead of time that you will need to use FMLA leave, you must tell your employer 30 days (1 month) in advance. If you know you will need to take leave in less than 30 days, you should tell your employer right away. If you have to take leave for something you did not know about ahead of time, you should tell your employer as soon as possible. If possible, you should also try to follow your employer’s usual policy about asking for leave.

When you ask for FMLA leave, you need to give your employer enough information so your employer can find out if the FMLA applies to your leave request. Depending on the situation, such information may include that you are unable to come to work because you are pregnant, you have been hospitalized overnight, or you or your qualifying family member is getting continuing care from a health care provider.

Documenting Your Reason for Leave

When you ask for leave because you or your family member has a serious health condition, your employer may ask for certification of the condition from a health care provider. The employer may also seek a second opinion about the condition from another health care provider as long as the employer pays for it.

Protections Provided by the FMLA

The FMLA makes it illegal for an employer to stop you, fire you, or discriminate against you (treat you unfairly or unequally) when you exercise your rights under the FMLA.