The Family Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) provides critical protections for employees facing personal or family health issues. The law allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for a variety of qualifying reasons, such as caring for a newborn or dealing with a serious health condition. Importantly, the FMLA ensures your job and health benefits are protected while you are on leave.

What Does FMLA Cover?

The FMLA protects your right to take leave for the following reasons:

  • Your Own Serious Health Condition: If you are unable to work due to an illness, injury, or medical condition.

  • Care for a Family Member: This includes leave to care for a spouse, child, or parent with a serious health condition.

  • Pregnancy and Parental Leave: Employees can take leave for the birth, adoption, or foster care placement of a child.

  • Military Family Leave: Employees can take leave to care for a family member injured in military service or to handle military-related matters.

Eligibility for FMLA

To be eligible for FMLA, you must:

  • Have worked for your employer for at least 12 months.

  • Have worked at least 1,250 hours over the last 12 months.

  • Be employed at a location where the employer has 50 or more employees within a 75-mile radius.

FMLA Violations to Watch Out For

Unfortunately, some employers fail to comply with FMLA regulations. Common violations include:

  • Wrongfully Denied Leave: Employers may refuse to grant FMLA leave without a valid reason or misinterpret eligibility requirements.

  • Retaliation for Taking Leave: If your employer reduces your work hours, denies promotions, or terminates your employment after you take FMLA leave, it is unlawful retaliation.

  • Failure to Reinstate: When you return from FMLA leave, your employer is required to restore you to your original position or a similar one with equivalent pay, benefits, and working conditions.

  • Intermittent Leave Violations: The FMLA allows employees to take time off in smaller blocks—like a few hours, a few days, or certain days each week—rather than all at once. Some employers improperly deny or discourage employees from taking intermittent leave as permitted by FMLA. This includes making unreasonable demands on how or when leave should be taken.

Important Note About State and Local Laws

In addition to FMLA protections, many states and local jurisdictions offer additional rights and broader protections for employees. For example, some states provide paid family leave (unlike FMLA's unpaid leave), or allow for longer periods of leave. Certain states may also have stricter anti-retaliation laws that expand on the protections provided by federal law.

proving your case:

Knowing your rights and gathering evidence. Learn More

Anti-Retaliation Protections:

Reporting violations without fear. The law protects you. Learn More

independent contractors:

Employee or Contractor? Misclassification Matters. Learn More