What Is FMLA? FAQ on Federal Leave Law

Life happens, and sometimes you'll need to miss work as a response. The Family and Medical Leave Act (FMLA) guarantees eligible employees up to 12 weeks of unpaid leave to care for a serious health condition. 

FMLA is job-protected leave. Employers must maintain the position and health benefits for eligible workers. This law helps prioritize your health and family while also protecting your job. This law comes in handy if you're sick and need to take a week off work, but worried about losing your job if you don't show up. 

FMLA is a complicated federal leave law. The following FAQ can help you understand your rights and responsibilities under federal law and determine whether you're covered.

Frequently Asked Questions

Which employers does FMLA apply to?

Covered employers must follow FMLA rules. Covered employers are:

  • Public agencies, including state and federal employers
  • Schools and hospitals
  • Businesses with more than 50 employees who worked at least 20 workweeks during the current or previous year

Employers are subject to fines if they don't provide coverage.

How do I know if I'm eligible for FMLA?

Employee eligibility is based on three factors:

  • The employee must work for a covered employer
  • The employee must work at least 1,250 hours during the 12 months before taking FMLA leave
  • The employee must work at a worksite with at least 50 employees or within 75 miles of such a location

Other conditions may apply.

What sorts of situations qualify for FMLA leave?

Covered employers must grant FMLA leave for one or more qualifying reasons:

  • The employee cannot work because of their own serious injury or medical condition
  • The employee must care for an immediate family member who has a serious medical condition
  • The birth of a child and subsequent care
  • The placement of an adopted or foster care child

Military service members may use FMLA leave for a qualifying exigency. If an employee is a member of the armed forces on active duty, active reserve, or in the National Guard, they can use FMLA if:

  • They are called to active duty status
  • The employee's spouse or immediate family member is called to active duty
  • They need military caregiver leave if a family member is injured

All branches of the military are covered.

My wife's father has recently become very ill. Can I take FMLA leave to care for him?

Unfortunately, no. FMLA only allows employees to take leave to care for their parents, not their in-laws. Your wife must be the one to take the leave.

Can I take FMLA leave to care for my 19-year-old son?

It depends. FMLA will only cover care for children over 18 if the child is incapable of self-care because of a serious disability that impacts one of the major life activities. You may have other protections under the Americans with Disabilities Act (ADA).

How do employers determine the applicable 12-month period?

FMLA creates four options for employers when calculating the 12-month period they'll use. Employers can select one of the following:

  • The calendar year
  • A fixed leave year that spans any 12 months, such as a fiscal year or the anniversary of the employee starting with the company
  • A 12-month period beginning with the date that an employee's first FMLA leave begins
  • A 12-month period that goes backward from the date that an employee's first FMLA leave begins

All four methods are permitted.

Will I get paid during FMLA leave?

FMLA is not paid leave. An employee can elect to use paid leave that they've accrued. Employers can also require an employee to use paid sick leave as part of the unpaid FMLA leave if the employer provides the employee with advance notice of this policy.

Employers should check their state laws. Some states have paid sick leave laws that mirror FMLA requirements.

Can other types of leave count toward my 12-week FMLA leave?

Other types of leave can count if the purpose of the leave meets the requirements for FMLA leave and the employer provides proper notice in writing that they'll consider the leave as part of the employee's yearly FMLA allotment. This sort of situation often occurs when an employee takes leave based on workers' comp or maternity/paternity leave.

Can I take FMLA leave to attend my prescribed sessions with a therapist?

Yes. The 12 weeks of FMLA leave can be taken all at once or intermittently. The leave covers ongoing medical treatments by a healthcare provider. Employees can count therapy sessions that are a medical necessity as FMLA leave.

My employer wants proof that I'm really sick. Do I have to provide medical records?

No. An employer can request that you provide medical certification of your serious medical condition, but you don't have to provide other medical records to your employer.

Can my employer require me to end my leave early?

If you fail to provide medical certification of your serious condition, then your employer may be able to cut your leave short. If you've provided the proper certification, an employer can't request that you come back to work, even by offering light or part-time work.

Are there limits to what I can and can't do while on FMLA leave?

You may have to follow your employer's policies on outside employment, but your employer can't otherwise restrict your actions during your leave. This does not apply if the original reason for the leave no longer exists, if you failed to provide medical certification, or if you lied about the reasons for the leave in the first place.

My employer has refused to grant my request for leave. Can they do that?

Covered employers cannot deny eligible employees their FMLA leave entitlement. You must provide your employer sufficient notice, and meet the eligibility requirements.

Can I lose my job if I take FMLA leave?

No. FMLA-protected leave means your job is safe while you are out, although there are a few exceptions. Employers can't use FMLA leave as a negative factor in any employment decisions such as promotions or terminations. If your employer had to fill the position while you were away, your employer may offer you an equivalent position when you return.

Employers can sometimes deny reinstatement to certain highly-paid, salaried workers, known as key employees.

If I complain about an FMLA violation, can my employer fire me?

No, employers can't retaliate against an employee for alleging a violation of FMLA.

What about my bonus?

If you were eligible for a bonus before taking FMLA leave, your employer cannot use your leave as grounds for denying the bonus. Your health insurance, retirement benefits, and other employee rights protected by your contract or collective bargaining agreement are not affected. Time on FMLA leave does not have to count towards other benefits or seniority.

Get Professional Legal Help With Your FMLA Concerns

Taking time off work to care for a family member or your own serious health condition is protected by federal law. You have the right to care for yourself and your family's health. If you believe your employer has failed to grant your leave request, speak with an experienced employment law attorney in your area.

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