Key Takeaways
- Up to 12 weeks unpaid, job-protected leave.
- Covers serious health and family care needs.
- Eligible employees must meet service and hours criteria.
- Employers must maintain health benefits during leave.
What is Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a federal law passed in 1993 that grants eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. During this time, employers must maintain the employee’s health benefits. In some cases, such as caring for a seriously injured service member, leave can extend up to 26 weeks.
FMLA is distinct from the Fair Labor Standards Act (FLSA), which governs wages and hours but does not provide leave protections.
Key Characteristics
The FMLA offers essential protections and benefits to qualifying employees, including:
- Eligibility: Employees must work for a covered employer with 50 or more employees within 75 miles and have at least 12 months of service and 1,250 hours worked in the prior year.
- Qualifying Reasons: Leave is granted for birth, adoption, foster care, serious health conditions of the employee or immediate family, and military exigencies.
- Job Protection: Employees are entitled to return to the same or an equivalent position with the same pay and benefits after leave.
- Health Benefits: Employers must maintain group health insurance coverage during FMLA leave, with the employee responsible for premium payments.
- Intermittent Leave: Leave can be taken continuously or intermittently as medically necessary.
How It Works
To request FMLA leave, you must provide your employer with 30 days' notice if the leave is foreseeable, such as planned medical treatment. If not foreseeable, notice should be given as soon as practicable. You will need to submit a request form detailing the reason, start date, and expected duration.
Your employer will review your eligibility and respond within five business days. If your leave is health-related, you must provide medical certification within 15 calendar days. Employers may require a second or third opinion at their expense if necessary. Proper coordination helps minimize disruption to workplace operations.
Examples and Use Cases
FMLA leave applies across many industries and employers, ensuring workers can balance health and family needs.
- Airlines: Delta supports employees taking FMLA leave for family care or medical recovery, reflecting industry-wide compliance.
- Banking Sector: Financial institutions like those featured in the best bank stocks guide also adhere to FMLA regulations to protect employee rights.
- Healthcare Industry: Companies listed in the best healthcare stocks category often manage intermittent leave to accommodate employees with chronic conditions.
Important Considerations
While FMLA provides critical job protection, it is unpaid leave, so planning your finances accordingly is essential. You may want to explore options like earned income or paid leave alternatives offered by your employer.
Employers are prohibited from retaliating or discriminating against employees for using FMLA leave. Understanding your rights and proper documentation can safeguard you from violations. Coordination with your employer and timely communication ensures smooth leave processes and job security.
Final Words
FMLA provides vital job protection and health benefits during critical family or medical events, but eligibility and coverage vary. Review your employer’s policies and document your hours worked to ensure you qualify before planning leave.
Frequently Asked Questions
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for certain family and medical reasons, while maintaining their health benefits during the leave.
To be eligible for FMLA leave, an employee must work for a covered employer with 50 or more employees within 75 miles, have at least 12 months of service, and have worked at least 1,250 hours in the 12 months before the leave.
FMLA leave can be taken for birth, adoption, or foster care placement of a child, caring for a spouse, child, or parent with a serious health condition, the employee's own serious health condition, qualifying military exigencies, or up to 26 weeks to care for a seriously injured service member.
Eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for most qualifying reasons, but up to 26 weeks is available when caring for a covered service member with a serious injury or illness.
You should provide your employer with 30 days' notice if the leave is foreseeable or as soon as possible otherwise, submit a leave request form stating the reason and expected duration, and provide medical certification within 15 days if required.
For health-related leave, employees must submit medical certification from a healthcare provider that details the serious health condition, expected duration, and impact on job functions, typically within 15 calendar days of the leave request.
Yes, employers are required to maintain your health benefits under the same terms as if you were working during your approved FMLA leave period.
