What is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. It ensures employees can take time away from work — such as for the birth or adoption of a child, or to care for their own or a family member’s serious health condition — without losing their job or health benefits.
Key Provisions of the FMLA
Job Protection
Employees are guaranteed the right to return to their same job — or an equivalent position — once their FMLA leave ends.
Health Benefits
Employers must continue providing group health insurance coverage under the same terms as if the employee were actively working.
Eligibility Requirements
To qualify, employees must work for a covered employer (such as public agencies, schools, or private companies with 50 or more employees) and have worked at least 12 months and 1,250 hours during the previous year.
Reasons for Leave
- Birth and care of a newborn child
- Placement of a child for adoption or foster care
- Care for an immediate family member (spouse, child, or parent) with a serious health condition
- An employee’s own serious health condition that prevents them from working
- Military family leave: Up to 26 weeks to care for a covered servicemember with a serious injury or illness
Unpaid Leave
FMLA leave is generally unpaid, but employees may choose — or be required — to use available paid time off, such as vacation or sick leave, during their FMLA absence.