FMLA
FMLA is a US federal law providing eligible employees up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.
us-specific
Category
intermediate
Difficulty
8 min read
Read time
2025-01-15
Updated
Definition
Short definition
FMLA is a US federal law providing eligible employees up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.
Detailed explanation
The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that requires covered employers to provide eligible employees with unpaid, job-protected leave for qualified family and medical reasons.
FMLA covers private employers with 50 or more employees within 75 miles, all public agencies, and public/private elementary and secondary schools. Eligible employees can take up to 12 workweeks of leave in a 12-month period.
Qualifying reasons include birth and care of a newborn, placement of a child for adoption or foster care, caring for an immediate family member with a serious health condition, or the employee's own serious health condition.
Etymology
Enacted by Congress in 1993, signed into law by President Bill Clinton.
Practical guidance
How it works
Employees provide 30 days advance notice when foreseeable, or as soon as practicable. Employers may require medical certification. Leave can be taken continuously or intermittently.
Best practices
Create clear FMLA policies and procedures
Train managers on FMLA requirements
Use standardized certification forms
Track eligibility and leave usage accurately
Coordinate with state leave laws
Legal context
Legal basis
Family and Medical Leave Act of 1993 (29 U.S.C. §2601 et seq.)
Jurisdiction: US Federal
Key provisions
12 weeks unpaid leave per 12-month period
Employer must have 50+ employees within 75 miles
Employee must have worked 12 months and 1,250 hours
Job protection - return to same or equivalent position
Continuation of group health insurance
Protection from retaliation
Official source
Frequently asked questions
Is FMLA leave paid?
No, FMLA provides unpaid leave. However, employers may require or allow employees to use accrued paid leave concurrently. Some states have paid family leave programs that supplement FMLA.
Can I be fired while on FMLA?
You cannot be fired for taking FMLA leave. However, if you would have been laid off regardless of leave (e.g., in a company-wide reduction), employment is not protected.
What qualifies as a serious health condition?
A serious health condition involves inpatient care, incapacity requiring continuing treatment, pregnancy, chronic conditions, permanent long-term conditions, or conditions requiring multiple treatments.
Related glossary terms
CFRA
CFRA is California law providing eligible employees up to 12 weeks of unpaid, job-protected leave for family care, bonding, and qualifying military exigencies.
ADA
The ADA is a US civil rights law prohibiting discrimination against individuals with disabilities in employment, requiring employers to provide reasonable accommodations.
Paid Family Leave
Paid Family Leave (PFL) programs are state laws providing partial wage replacement when workers take time off for family care or bonding with a new child.
Maternity Leave
Maternity leave is time off work for pregnant employees before and after childbirth, with statutory protections and pay entitlements.