What is FMLA, and who qualifies?

The Family and Medical Leave Act provides eligible employees up to 12 workweeks of unpaid leave in a 12-month period, with job protection meaning you return to the same or an equivalent position, and continuation of group health benefits on the same terms as if you were working. Qualifying reasons include the birth or placement of a child, caring for a spouse, child, or parent with a serious health condition, your own serious health condition, and certain military family situations, with up to 26 weeks available for caring for a covered servicemember.

The eligibility requirements exclude a substantial portion of the workforce, which is the part people discover at the worst moment. You must have worked for the employer at least 12 months, have worked at least 1,250 hours in the preceding 12 months, and work at a location where the employer has 50 or more employees within 75 miles. Part-time workers frequently fail the hours test, employees of small businesses are not covered at all, and new hires are excluded until the twelve-month mark.

Several practical points. FMLA leave is unpaid, though employers can require or you can elect to use accrued paid leave concurrently, and a growing number of states have their own paid family and medical leave programs that provide wage replacement and sometimes broader eligibility, so checking state law is essential rather than optional. Leave can be taken intermittently or on a reduced schedule for many qualifying conditions, which is underused. Give 30 days notice when the need is foreseeable, and expect to provide medical certification. Retaliation for taking FMLA leave is prohibited, and if you believe you were penalized for it, complaints go to the Wage and Hour Division. Note also that a serious health condition may separately qualify you for accommodations under the Americans with Disabilities Act, which operates independently and can extend protection beyond the twelve weeks.