{"id":357732,"date":"2016-04-04T10:45:26","date_gmt":"2016-04-04T15:45:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/family-medical-leave\/fmla-leave-law-in-depth.html"},"modified":"2023-01-24T15:16:34","modified_gmt":"2023-01-24T20:16:34","slug":"fmla-leave-law-in-depth","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/family-medical-leave\/fmla-leave-law-in-depth.html","title":{"rendered":"FMLA Leave Law: In-Depth"},"content":{"rendered":"\n
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FMLA Leave Law: In-Depth<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Gregg Cavanagh<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. 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<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Sometimes events in life force employees to miss work for periods that last longer than the amount of sick leave or vacation time that the employee has accrued. The Family and Medical Leave Act<\/a> (FMLA) recognizes this. It allows eligible employees to take unpaid leave for up to 12 weeks in a 12-month period. The FMLA also protects the employee’s job during the leave period. At the end of the leave, an employer must return the employee to their original job or its equivalent.<\/p>\r\n

The leave must occur because of family and medical reasons listed in the statute. Members of military families can also take FMLA leave for any "qualifying exigency" that comes up when a covered servicemember is on active duty in support of a contingency operation or has received notification of such impending active duty. In addition, eligible employees may also take up to 26 weeks of FMLA leave in a 12-month period to care for a covered member of the military who has a serious injury or illness.<\/p>\r\n

The federal government enforces the FMLA. For private, state, and local government employees, the Wage and Hour Division<\/a> of the Employment Standards Administration<\/a> (ESA) oversees enforcement of the FMLA. The ESA is part of the U.S. Department of Labor (DOL). For most federal employees, FMLA enforcement falls to the U.S. Office of Personnel Management or the Congress<\/a>.<\/p>\r\n

Covered Employers<\/h2>\r\n

FMLA rules apply to all state, local, and federal employers, as well as local school districts. In the private sector, FMLA covers only those companies that had 50 or more employees for 20 or more workweeks during either the current or previous calendar year.<\/p>\r\n

Eligible Employees<\/h2>\r\n

Only certain employees qualify for FMLA leave. An eligible employee is one who:<\/p>\r\n