The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 workweeks of unpaid, job-protected leave per year for qualifying family and medical reasons. During FMLA leave, your employer must maintain your group health insurance under the same terms as if you were still working.
15 steps across 2 sections
1. Steps Process
- Determine your eligibility — You are eligible if you:
- Work for a covered employer (50+ employees within 75 miles)
- Have worked for the employer for at least 12 months
- Have worked at least 1,250 hours in the 12 months before leave
- Identify your qualifying reason — FMLA covers:
- Birth and care of a newborn child
- Placement of a child for adoption or foster care
- Care 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 exigency related to a family member's military service
2. Key Tips
- FMLA leave is unpaid, but you may be able (or required) to substitute accrued paid leave (sick, vacation, PTO) during FMLA leave
- Your health insurance must continue during FMLA leave under the same conditions as if you were working
- You do not need to share your medical diagnosis — only provide enough information to establish a qualifying reason
- Keep records of all leave requests, certifications, and communications with your employer
- Your employer cannot count FMLA leave as an absence under an attendance policy
Common Mistakes
- Not providing notice as soon as possible for unforeseeable leave
- Failing to return the medical certification within the 15-day deadline
- Not understanding that FMLA leave is unpaid (unless you have accrued paid leave)
- Assuming all employers are covered (only those with 50+ employees within 75 m...
- Not tracking your 12-week entitlement carefully (especially with intermittent...
Pro Tips
- If your employer has fewer than 50 employees, check your state's family and m...
- Request that your employer confirm in writing that your leave is FMLA-designa...
- If your employer denies your FMLA request or retaliates, file a complaint wit...
- Intermittent FMLA leave is powerful for chronic conditions (migraines, anxiet...
- Consider consulting with HR before your leave to understand how your benefits...