FMLA
Also known as: Family and Medical Leave Act, FMLA leave
The FMLA (Family and Medical Leave Act of 1993) is a US federal law that entitles eligible employees of covered employers to up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons — with continued group health insurance coverage and the right to return to the same or equivalent position.
FMLA establishes the US federal floor for protected family and medical leave. The leave is unpaid (which is uniquely austere among developed countries), but the protections are real: the employer must hold the job (or an equivalent), continue health insurance contributions, and cannot retaliate against the employee for taking the leave. Many states (California, New York, Washington, Massachusetts, others) have passed expanded paid family leave programs that stack on top of FMLA.
Who qualifies
Employees qualify for FMLA leave if they (1) work for a covered employer (private employers with 50+ employees within 75 miles, all public agencies and schools), (2) have worked for the employer at least 12 months, (3) have completed at least 1,250 hours of service in the prior 12 months, and (4) have a qualifying reason.
Qualifying reasons for FMLA leave
- Birth of a child and care for the newborn (within one year)
- Adoption or foster care placement (within one year)
- Care for a spouse, child, or parent with a serious health condition
- Employee's own serious health condition that makes them unable to work
- Qualifying exigencies arising from a family member's active military duty
- Military caregiver leave — up to 26 weeks for a servicemember family member
Critical mechanics
- Up to 12 weeks per 12-month period (26 weeks for military caregiver)
- Unpaid — but the employee may use accrued paid leave concurrently
- Health insurance continues with the same employer contribution
- Intermittent leave is allowed for chronic conditions (e.g., chemotherapy)
- Job restoration — same or equivalent position required on return
Frequently asked questions
- What does FMLA stand for?
- FMLA stands for the Family and Medical Leave Act of 1993 — a US federal law providing eligible employees up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.
- Is FMLA paid?
- No — FMLA itself is unpaid. The employee may use accrued paid leave (PTO, sick) concurrently with FMLA. Some US states have separate paid family leave programs that pay benefits during FMLA time.
- Does my small business have to provide FMLA?
- Only if you have 50+ employees within 75 miles of a worksite. Below that threshold, FMLA does not apply — though many state laws extend similar protections to smaller employers.
- Can FMLA be taken intermittently?
- Yes — for serious health conditions, FMLA can be taken in blocks of hours or days rather than as a single continuous leave. Common uses: chemotherapy appointments, ongoing physical therapy, recurring migraines.