Guide

Your FMLA Rights: A Complete Guide to Family and Medical Leave

Everything employees need to know about the Family and Medical Leave Act, including eligibility, protections, and what to do if your rights are violated.

Updated 12 min read

At a glance

Your FMLA Rights: A Complete Guide to Family and Medical Leave: guide map

Three topics to review before choosing a next step. The full guide explains the conditions and exceptions.

  1. What Is the FMLA?

    The Family and Medical Leave Act entitles eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified famil

  2. Who Is Eligible for FMLA Leave?

    Employer coverage and personal eligibility are separate questions.

  3. Qualifying Reasons for FMLA Leave

    The FMLA permits up to 12 workweeks of leave in a 12-month period for the birth and care of a newborn, placement of a child for adoption or foster care, caring for a spouse, child,

What Is the FMLA?

The Family and Medical Leave Act entitles eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. Covered employers generally must continue group health benefits on the same terms during leave and restore an eligible employee to the same or an equivalent position when leave ends. Military caregiver leave is a separate entitlement that can provide up to 26 workweeks during a single 12-month period for a covered servicemember or veteran.

Who Is Eligible for FMLA Leave?

Employer coverage and personal eligibility are separate questions. Private employers are generally covered when they employ 50 or more employees for 20 or more workweeks in the current or prior calendar year; public agencies and elementary or secondary schools are covered regardless of size. To be eligible, an employee generally must have worked for a covered employer for at least 12 months, completed at least 1,250 hours of service in the 12 months before leave starts, and work where the employer has at least 50 employees within 75 miles. Airline flight crew members have special hours-of-service rules.

Qualifying Reasons for FMLA Leave

The FMLA permits up to 12 workweeks of leave in a 12-month period for the birth and care of a newborn, placement of a child for adoption or foster care, caring for a spouse, child, or parent with a serious health condition, an employee's own serious health condition that prevents work, and qualifying military exigencies. A separate military-caregiver provision can allow up to 26 workweeks in a single 12-month period to care for a covered servicemember or veteran with a serious injury or illness.

What Can Count as a Serious Health Condition?

For FMLA purposes, a serious health condition generally involves inpatient care or continuing treatment by a health care provider. Continuing-treatment categories can include incapacity plus timely treatment, pregnancy or prenatal care, chronic conditions, permanent or long-term conditions, and multiple treatments for a condition that would likely cause more than three full calendar days of incapacity without treatment. A routine cold, flu, upset stomach, or ordinary short-term illness is not automatically covered; the facts, incapacity, treatment, and timing matter. Mental-health conditions can qualify under the same framework. This is general information, not a medical or legal conclusion about a particular absence.

How to Request FMLA Leave

When foreseeable, provide at least 30 days advance notice. When not foreseeable, give notice as soon as practicable. Employees do not have to use the words "FMLA leave," but should give enough information for the employer to recognize that the leave may be covered. An employer may request medical certification and generally must allow at least 15 calendar days to provide it, with additional time required in some circumstances. The employer generally must give an eligibility notice within five business days, absent extenuating circumstances.

Common FMLA Violations

Common violations include denying leave to eligible employees, requiring work during leave, failing to restore positions, counting FMLA absences in attendance policies, retaliating against employees who take leave, and failing to maintain health insurance during leave.

FMLA Interference vs. Retaliation

Interference claims arise when an employer prevents or discourages FMLA use. Retaliation claims arise when an employer takes adverse action because of FMLA use. Interference does not require proof of intent; retaliation does.

Remedies for FMLA Violations

Available remedies can include lost wages, salary, benefits, interest, equitable relief such as reinstatement or promotion, and attorney's fees and costs. The statute also provides for an additional amount as liquidated damages, but a court may reduce that amount if an employer proves good faith and reasonable grounds for believing it complied. The statute of limitations is generally two years (three for willful violations).

Getting Legal Help

Consider speaking with an employment attorney promptly if your employer has interfered with FMLA rights or retaliated against you. A lawyer can help assess the facts, preserve relevant records, and explain available options; the outcome and remedies depend on the circumstances.

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