Title: The Family and Medical Leave Act (FMLA) — What It Is, How It Works, and Practical Steps for Employees and Employers
Key takeaways
– The FMLA is a federal law that provides eligible employees with unpaid, job‑protected leave for specified family and medical reasons (generally up to 12 workweeks in a 12‑month period; up to 26 weeks for certain military caregiver leave).
– Coverage depends on employer size and employee eligibility: private employers with 50+ employees within a 75‑mile radius (and most public employers and schools) are covered; employees must meet tenure and hours‑worked requirements.
– FMLA leave is unpaid, but employees may substitute accrued paid leave (sick, vacation, PTO) and employers must maintain group health benefits on the same terms.
– Employers must post and provide required notices, determine whether leave is FMLA‑qualifying, and restore employees to the same or an equivalent position on return.
– State and local laws may provide greater protections (including paid leave); consult employer policy and local law.
What the FMLA is
The Family and Medical Leave Act of 1993 (FMLA) gives eligible employees of covered employers the right to take unpaid, job‑protected leave for certain family and medical reasons, and to maintain group health insurance coverage during the leave. The U.S. Department of Labor’s Wage and Hour Division (DOL‑WHD) administers and enforces the law.
Who is covered — employers and employees
Employers covered
– Private‑sector employers who employ 50 or more employees within 75 miles.
– Public agencies (federal, state, local) regardless of number of employees.
– Public and private elementary and secondary schools regardless of number of employees.
Employee eligibility (general rule)
To be eligible, an employee must:
1. Have worked for the employer for at least 12 months (not necessarily consecutive).
2. Have worked at least 1,250 hours for the employer in the 12 months preceding the leave.
3. Work at a location where the employer has at least 50 employees within 75 miles.
Qualifying reasons for leave
– Birth of a child and to care for the newborn (must be used within 12 months of birth).
– Placement of a child for adoption or foster care (used within 12 months of placement).
– To care for an immediate family member (spouse, child, or parent) with a serious health condition.
– Employee’s own serious health condition that makes the employee unable to perform essential job functions.
– Qualifying exigency leave related to certain military deployments of a spouse, son, daughter or parent.
– Military caregiver leave: up to 26 weeks to care for a covered service member with a serious injury or illness.
Length of leave and measurement
– Standard leave: up to 12 workweeks of leave in a 12‑month period (for most qualifying reasons).
– Military caregiver leave: up to 26 workweeks in a single 12‑month period to care for a covered service member.
– Employers choose a method for calculating the 12‑month period (calendar year, fixed 12‑month period, rolling backward 12 months measured from date of leave, or forward 12 months measured from first date of leave). Employers must apply their chosen method consistently.
Pay, benefits, and job protection
– FMLA leave is unpaid. However, employees may elect (or employers may require) use of accrued paid leave (vacation, PTO, sick) concurrently with FMLA.
– Employers must maintain the employee’s group health coverage under the same terms as if the employee were working.
– On return from FMLA leave, employees must be restored to the same position or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.
– FMLA protects employees from interference with, restraint of, or denial of the exercise of FMLA rights, and from retaliation for taking FMLA leave.
Notice and documentation requirements
– Employee notice to employer: For foreseeable leave (e.g., scheduled surgery, expected birth), employees should provide at least 30 days’ advance notice. If not foreseeable, they must notify as soon as practicable.
– Employer notices: Within 5 business days of an employee’s request for FMLA leave or when the employer acquires knowledge that leave may be for an FMLA‑qualifying reason, the employer must provide the employee with:
– Eligibility notice (whether the employee is eligible for FMLA).
– Rights and responsibilities notice and the designation notice (whether leave is designated as FMLA‑qualifying and how much leave will be counted).
– Medical certification: Employers may require certification supporting a request for leave because of a serious health condition. Employers may require second or third opinions and periodic recertifications under certain circumstances.
– Recordkeeping: Employers must keep records related to FMLA leave as required by DOL regulations.
Intermittent and reduced‑schedule leave
– FMLA can be taken intermittently or on a reduced schedule when medically necessary (for the employee’s or a covered family member’s serious health condition) or sometimes for planned medical treatment.
– For birth/adoption/foster care, intermittent leave is allowed only when both employer and employee agree (except in special circumstances).
Special military provisions
– Qualifying exigency leave: up to 12 weeks for certain needs arising from a covered military member’s deployment.
– Military caregiver leave: up to 26 weeks to care for a covered servicemember with a serious injury or illness. This is a separate entitlement within a single 12‑month period.
Practical steps for employees (how to request and manage FMLA leave)
1. Review employer FMLA policy and personnel handbook; request a copy of your company’s FMLA policy if you don’t have one.
2. Confirm eligibility: verify months of service and hours worked (1,250 hours in prior 12 months) and whether you work at a location with 50+ employees within 75 miles.
3. Give timely notice:
– If leave is foreseeable: provide at least 30 days’ notice and a general expected timing and duration.
– If unforeseeable: notify as soon as practicable (follow employer reporting procedures).
4. Complete required forms and provide documentation:
– Submit medical certification when requested. Provide any other documentation employer requires (subject to DOL rules).
5. Coordinate pay: decide whether to substitute accrued paid leave (sick, vacation, PTO) to receive pay during FMLA leave; inform HR in writing.
6. Maintain communication: stay in contact with HR about your leave dates, fitness‑for‑duty status (if required), and any changes.
7. Keep records: copies of notices, certifications, correspondence, and payroll/benefit statements.
8. On return: provide any required fitness‑for‑duty certification and confirm return date and job reinstatement.
9. If denied or if you believe rights were violated: discuss with HR; if unresolved, contact the DOL Wage and Hour Division (WHD) or consult an employment attorney.
Practical steps for employers (how to administer FMLA correctly)
1. Determine coverage: confirm whether FMLA applies to your organization (headcount and geographic coverage).
2. Post and distribute notices: display the DOL FMLA poster where employees can see it and provide employees with required notices and policies.
3. Train managers and HR staff: ensure those who receive leave requests understand notice protocols and how to avoid saying both too much and too little (avoid denying FMLA early).
4. Provide eligibility notice within 5 business days of a request or when employer acquires knowledge that leave may be FMLA‑qualifying.
5. Require and manage medical certifications properly and timely; follow rules for second/third opinions and recertification.
6. Designate leave: inform the employee within 5 business days whether the leave is FMLA‑qualifying and how much leave will be charged.
7. Maintain health benefits for employees on leave on the same terms as if actively employed; require employees to continue paying their share of premiums.
8. Track leave usage and restore employees to the same or equivalent position on return.
9. Keep required records and documentation in compliance with DOL recordkeeping requirements.
10. Coordinate with applicable state family/paid leave laws and ensure compliance with the most protective standard.
Common pitfalls and practical tips
– Don’t assume FMLA is paid — plan for income replacement by using accrued paid leave, disability insurance, or state paid family leave where available.
– Understand your employer’s method for calculating the 12‑month period.
– Keep good documentation of notices given and received; ask HR for written confirmation of FMLA designation.
– Managers should avoid any actions that could be perceived as punitive because an employee took FMLA leave (discipline, denial of promotion, termination) — these may be unlawful.
– Check state and local leave laws; some jurisdictions provide additional rights and paid leave.
Enforcement and remedies
– If you believe your FMLA rights were violated, you may file a complaint with the DOL Wage and Hour Division or bring a private civil action. The DOL can investigate and enforce compliance.
– Timelines and remedies can vary; contact DOL‑WHD or an employment attorney for guidance on filing deadlines and next steps.
Special considerations and recent COVID‑era changes
– FFCRA (Families First Coronavirus Response Act) temporarily expanded leave for COVID‑related reasons in 2020; parts of the FFCRA were temporary and have since expired. The American Rescue Plan Act (ARPA) extended certain provisions through Sept. 30, 2021. These emergency measures are no longer generally in effect; check current federal and state guidance for any active programs.
– Many states and localities maintain paid family leave or other protections that may provide paid or longer leaves than federal FMLA. State laws can be more generous than federal law; employers must follow the law that provides greater employee protection.
– Military caregiver and exigency rules have detailed definitions and documentation requirements — consult DOL guidance for those specific rules.
Resources (official and helpful)
– U.S. Department of Labor — Family and Medical Leave Act: https://www.dol.gov/agencies/whd/fmla
– U.S. Department of Labor — FMLA Fact Sheets and Forms (eligibility notice, designation notice, certifications): https://www.dol.gov/agencies/whd/fact-sheets
– Investopedia overview of FMLA: https://www.investopedia.com/terms/f/family-and-medical-leave-act.asp
Note: This article summarizes federal FMLA rules and common practices but does not constitute legal advice. For case‑specific questions, consult your HR department, the DOL Wage and Hour Division, or an employment attorney.