Family and Medical Leave Act (FMLA)

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?

If you think you were wrongfully denied family medical leave, you can file a complaint with DOL's Wage and Hour Division.

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


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.

FMLA elaw Advisor

Get easy-to-understand advice about federal employment laws.

State Labor Offices

Get answers about benefits where you live.