FMLA Family and Medical Leave Act of 1993

The Family and Medical Leave Act (FMLA) of 1993 is a U.S. federal law that gives eligible employees the right to take unpaid, job-protected leave for certain family and medical reasons. Employees can take up to 12 weeks of leave per 12-month period without losing their job or health insurance coverage. It ensures a balance between the demands of the workplace and family life, and it promotes equal employment opportunity for men and women.

Key Facts

• ‍Covered Reasons for Leave: Eligible employees can take leave for...
  
  • Birth and care of a newborn
  • Adoption or foster care placement
  • Caring for a spouse, child, or parent with a serious health condition
  • Their own serious health condition
  • Certain situations arising from a family member's military service
  • Up to 26 weeks of leave may be taken to care for a covered servicemember (military caregiver leave)
• Eligibility Requirements: Employee must have worked for the employer for at least 12 months, must have worked at least 1,250 hours during the previous 12 months, and the employer must have 50 or more employees within a 75-mile radius.
• Job Protection: Upon return, employees are entitled to their same job or an equivalent one with the same pay, benefits, and conditions.
• Health Insurance Continuation: Employers must continue group health insurance coverage during FMLA leave under the same terms.
• Unpaid Leave: FMLA leave is unpaid, but employees may use accrued paid leave (for example, vacation, sick days) concurrently, depending on the employer’s policy.
• Notice and Certification: Employees must provide 30 days’ advance notice when foreseeable and may need to submit medical certification to support the leave request.
• State Laws May Offer More: Some states (for example, California, New York, Washington) offer paid leave programs or broader protections than the federal FMLA.

1. What is FMLA and who qualifies for it?

FMLA is a federal law allowing up to 12 weeks of unpaid, job-protected leave for qualified medical and family reasons. Employees must meet length-of-service and hours-worked requirements, and the employer must be large enough (50+ employees).

2. Do employees get paid while on FMLA leave?

No. FMLA leave is generally unpaid, but employers may require or allow employees to use paid time off during the leave period.

3. Can I lose my job if I take FMLA leave?

No. FMLA protects your job - you must be returned to the same or an equivalent job after your leave ends.

4. How do I apply for FMLA leave?

You must notify your employer (30 days in advance if possible) and may need to provide medical documentation to confirm the reason for the leave.

5. Does FMLA apply to part-time workers?

Only if the part-time worker has worked at least 1,250 hours in the past 12 months and meets all other eligibility requirements.