The Family and Medical Leave Act (FMLA) is a law that requires employers to grant eligible employees a specified amount of leave each year for qualifying reasons, such as giving birth to a child, receiving medical treatment, or caring for another family member. 

Under this law, the employee doesn’t risk losing their job for taking qualified time off, and any health care coverage continues throughout the leave. 

The act was signed into law by former President Bill Clinton on February 5, 1993, and took effect on August 5, 1993. Since then, the US government has made several amendments to clarify the definition of family members and expand leave coverage.

How Long Is FMLA-Protected Leave?

Eligible employees can take up to 12 FMLA-protected workweeks off within a 12-month period for qualifying reasons, such as: 

  • Giving birth to a child and caring for a child within one year of the birth. 
  • Adopting a child or becoming a foster parent, and caring for the child within one year of placement.
  • Receiving treatment for a serious mental or physical health condition that makes them unable to carry out their job duties.
  • Caring for a family member (spouse, child, parent, or next of kin) with a mental or physical health condition.
  • Reasons related to a family member’s foreign deployment.

Employees can take FMLA-protected leave intermittently. However, if an employee wishes to take intermittent leave to bond with a newborn or child, the leave must conclude within 12 months after childbirth or child placement.

In addition, eligible employees may take up to 26 FMLA-protected workweeks off to care for a covered military servicemember who has a serious health condition, as long as the eligible employee is the servicemember’s spouse, child, parent, or next of kin.

Am I Eligible For FMLA-Protected Leave?

The FMLA outlines eligibility requirements for both employees and employers. 

First, let’s take a look at what makes a company an FMLA-covered employer:

  • If the company has 50 or more employees working within 75 miles of the main work site.
  • If a private business has 50 or more employees who have worked for at least 20 workweeks during the current or last calendar year.

In addition, all public and private schools and local, state, or federal government agencies are FMLA-covered employers.

Different rules apply to teachers and airline flight crews, but most employees are eligible for FMLA if they meet all the following criteria:

  • They work for an FMLA-covered employer (who fits the criteria above). 
  • They’ve worked for their employer for at least 12 months (consecutively or not).
  • They’ve worked at least 1,250 hours for their employer in the 12 months before taking leave.

If an employee is ineligible for FMLA-protected leave, employers are not required to keep their job position open for their return or continue their health coverage. However, they can choose to do so voluntarily.

Is FMLA-Protected Leave Paid?

FMLA is different from paid time off (PTO) and only guarantees unpaid leave. However, your employer will continue your health care coverage (if you have any) and ensure you return to the same position or a similar one with the same salary and benefits.

To help employees financially, they can use PTO for FMLA-covered reasons. This means employees can use any unused paid sick days or vacation days. However, using PTO for FLMA-covered reasons can either be voluntary or mandatory, depending on your company’s time-off policy.