Family and medical leave focuses on federal and state laws that address when and how an employee can take time off from work to deal with their own health issue or that of a family member.
By Lisa Burden, J.D. | Legally reviewed by Aviana Cooper, Esq. | Last reviewed November 04, 2024
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
The United States is one of the few developed countries that does not have a national paid sick or parental leave policy. Federal law requires unpaid leave for certain private and public sector employers. The Family and Medical Leave Act (FMLA) provides as many as 12 work weeks of unpaid leave for medical situations for the employee or a member of the employee's family.
In a recent development, some public sector employees can get paid parental leave. Since 2020, federal workers get 12 weeks of paid parental leave following a child's birth or placement with the family.
While federal paid leave remains lacking in the US, a growing patchwork of state and local paid leave laws is filling the gap. Approximately 20% of U.S. states offer paid family and medical leave, while under 50% provide paid sick leave. Two states, Maine and Nevada, eliminated the family and medical leave aspect and simply require paid time off for any reason. Numerous cities, primarily in California, along with several counties, provide paid leave options.
The FMLA provides minimum standards for family and medical leave. If the leave benefits under city or state law are more generous than those required under federal law, the more generous law must be followed.
This guide provides a short description of the FMLA and brief descriptions of some of the state family and medical leave laws. Read on by clicking on "More," or choose a link from the list below.
The FMLA is a federal law that lets eligible employees take unpaid leave away from work to handle certain family or medical needs. Eligible employees working for covered employers can use the FMLA to take unpaid leave for specific family and medical reasons while keeping their jobs secure. Additionally, this law mandates that group health insurance coverage continue under the same terms as if the leave had not been taken.
Not every employer is required to provide employees with leave benefits under the FMLA. The FMLA only applies to:
An employee qualifies for leave under a covered employer if they have been employed by that employer for a minimum period. The employee must have worked for the employer for 12 months and for at least 1,250 hours over the 12 months immediately preceding the need for leave.
Eligible employees can take up to 12 weeks of leave in a 12-month period. Intermittent leave, which is leave taken in short breaks, is allowed.
Leave can be taken for several reasons. This includes:
The FMLA also provides certain military family leave entitlements. These are:
It's always a good idea to give your employer advance notice of FMLA leave, but you aren't required to do so. Your employer may request medical certification.
The FMLA requires job reinstatement. This means the leave is job-protected, and employers must restore an employee to their former job or an equivalent position when returning to work.
The U.S. Department of Labor (DOL) enforces the FMLA. You can file a complaint about violations with the federal agency, specifically the Wage and Hour Division (WHD). The WHD offers several fact sheets on issues related to the FMLA. FindLaw has prepared a guide that answers frequently asked questions on the FMLA.
The Federal Employee Paid Leave Act (FEPLA) is an October 2020 amendment to the FMLA. It makes paid parental leave available to most federal civilian employees. It provides 12 weeks of paid parental leave for the birth, adoption, or foster care placement of a child.
Most states do not offer additional family and medical leave protections, but some states, including the District of Columbia, offer paid family leave or specific leave laws that apply to pregnancy, birth, or adoption. Most of these laws also specifically allow this leave for domestic violence purposes, such as securing an order of protection.
Other states have laws that expand FMLA to cover smaller employers, provide additional unpaid time off, or other provisions. In addition, some cities require that private employers provide sick leave and/or family and medical leave.
Examples of state family and medical leave laws include:
Leave laws can be confusing, particularly when state laws or local ordinances come into play. Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find an employment lawyer near you who can help.
