When to Use FMLA
Certain employers must provide an eligible employee with up to 12 weeks of unpaid leave each year without fear of getting fired for any of the following reasons:
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A newborn child
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Adoption or foster care placement
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A serious health condition
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Care for an immediate family member
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Military caregiver leave (up to 26 weeks)
Special rules apply to employees of local education agencies. The Office of Personnel Management administers FMLA for most federal employees.
How FMLA Works
Being an FMLA eligible employee typically means:
Working for an employer at least 12 months, at least 1,250 eligible hours over the past 12 months AND
Working at a location where the company employs 50 or more employees within 75 miles; working at a public agency; OR working at a public or private elementary or secondary school
Eligible employees can take up to 12 workweeks of family or medical leave in a 12-month period for certain reasons, including:
For the birth of a child and to care for the newborn child within one year of birth
For adoption or foster care placement and to care for the newly placed child within one year of placement
To care for a spouse, child, or parent who has a serious health condition
For a serious health condition that keeps an employee from performing the essential functions of their job;
Any qualifying exigency arising out of the fact that their spouse, child, or parent is a covered military member on “covered active duty”
Denied FMLA Leave?
Workers must notify their employer when they know they need leave. The employer must tell workers whether they are eligible for FMLA leave within five business days.
States may offer additional benefits
Additionally, some state laws may offer job protection or paid leave benefits for medical, caregiving, and parental leave. To find out more, contact your *state agency or your employer’s Human Resource office.
FMLA Leave Guidance
All covered employers are required to display and keep displayed a poster prepared by the Department of Labor summarizing the major provisions of the FMLA and telling employees how to file a complaint. The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. A poster must be displayed at all locations even if there are no eligible employees.
Eligible employees my take FMLA leave for a serious mental health condition or to care for a family member who has a serious mental health condition.
A mother can take FMLA leave for prenatal care, incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can also use FMLA leave to care for his spouse who is incapacitated due to pregnancy or child birth. Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.
It can be hard to request time off for medical reasons. DOL's tools can help workers prepare for the conversation:
How to Talk to Your Employer About Taking Time Off for Family and Medical Reasons
Information to help health care providers with FMLA certification
Employers may require employees to provide certification issued by a healthcare provider to confirm that the employee or their family member is experiencing a serious health condition. Furthermore, when an employee returns to work after taking leave for their own serious medical condition, employers may request they submit a fitness-for-duty certification, as long as this is a policy that applies to all employees who take leave for serious health conditions.
When a worker or their family member has cancer, they may be eligible to take unpaid, job protected leave under FMLA. They may also be eligible to take leave for medical care prior to a cancer diagnosis or for ongoing care when the cancer is in remission.
The spouse, child, parent, or next of kin of an ill or injured covered service member is entitled to 26 workweeks of military family leave during a single 12-month period to provide care for the service member.
DOL’s Wage and Hour Division is committed to providing assistance to employers and helping increase their knowledge of the law. This Employer Notification Requirements fact sheet is designed to provide essential information about the FMLA.
A special hours of service eligibility requirement for airline flight crewmembers and flight attendants reflects the unique scheduling requirements of the airline industry. An airline flight crew employee will meet the FMLA hours of service eligibility requirement if he or she has
Worked or been paid for not less than 60 percent of the applicable total monthly guarantee (or its equivalent) AND
Has worked or been paid for not less than 504 hours (not including personal commute time or time spent on vacation, medical, or sick leave) during the previous 12 months.
For more information, see
Employees may take family or medical leave intermittently under certain circumstances. If the intermittent leave is for planned medical treatment, they must try to schedule it in a way that doesn’t unduly disrupt operations. Employers may temporarily transfer an employee taking intermittent leave for planned medical treatment to an alternative job with equivalent pay and benefits to accommodate recurring periods of leave better than the employee’s regular job.
Get Confidential Advice
DOL and its Wage and Hour Division (WHD) enforce the FMLA. Contact us to understand your rights as a worker or your responsibilities as an employer. Speak with WHD 1-866-4-US-WAGE (1-866-487-9243). All discussions with us are free and confidential for workers and employers.
