The Family and Medical Leave Act (FMLA) is a federal law that requires employers to provide eligible employees with unpaid, job-protected leave for certain family and medical reasons. FMLA also requires employers to continue group health insurance coverage during the leave period.
The FMLA applies to employers with 50 or more employees. Employees are eligible for FMLA leave if they have worked for their employer for at least 12 months and have worked at least 1,250 hours during the 12 months preceding the leave. FMLA leave can be taken for the following reasons:
To learn more about the FMLA, including how to apply for leave and what your rights are during leave, continue reading the article.
What is FMLA
FMLA is a federal law that provides job-protected leave for certain reasons.
- Job-protected leave
- Family and medical reasons
- 12 months of employment
- 1,250 hours worked
- Unpaid leave
- Continued health insurance
- Employer size: 50+ employees
FMLA is an important law that helps employees balance their work and family responsibilities.
Job-protected leave
One of the most important benefits of the FMLA is that it provides job-protected leave. This means that your employer cannot fire you or retaliate against you for taking FMLA leave.
- Up to 12 weeks of leave
FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.
- Leave can be taken all at once or intermittently
Employees can choose to take their FMLA leave all at once, or they can take it intermittently, in smaller blocks of time. For example, an employee could take a few days off each month to care for a sick child or a few weeks off to recover from surgery.
- Leave is unpaid
FMLA leave is unpaid, but employers are required to continue providing health insurance coverage during the leave period.
- Right to return to the same job
After taking FMLA leave, employees have the right to return to the same job or an equivalent position with the same pay, benefits, and other terms and conditions of employment.
Job-protected leave is a valuable benefit that can help employees balance their work and family responsibilities. If you need to take time off for a covered reason, you should not hesitate to do so. Your employer is required to provide you with job-protected leave under the FMLA.
Family and medical reasons
FMLA leave can be taken for the following family and medical reasons:
To care for a new child: This includes the birth of a child, the placement of a child for adoption or foster care, or the placement of a child in a home for special medical needs.
To care for a spouse, child, or parent with a serious health condition: This includes a condition that is likely to result in death or that requires inpatient care, continuing treatment by a health care provider, or supervision to prevent serious harm to the health of the individual.
To take medical leave for the employee's own serious health condition: This includes a condition that is likely to result in death or that requires inpatient care, continuing treatment by a health care provider, or supervision to prevent serious harm to the health of the individual.
To care for a family member who is a covered servicemember: This includes a spouse, child, or parent who is on active duty or who has been called to active duty in the National Guard or Reserves.
To take leave for certain qualifying exigencies arising out of a family member's military service: This includes attending certain military events, such as a deployment or a homecoming, or to address certain financial and legal arrangements triggered by a family member's military service.
It is important to note that FMLA leave is not available for all family and medical situations. For example, FMLA leave cannot be taken to care for a sick pet or to attend a routine doctor's appointment. If you are unsure whether your situation qualifies for FMLA leave, you should contact your employer or the U.S. Department of Labor.
FMLA leave is a valuable benefit that can help employees balance their work and family responsibilities. If you need to take time off for a covered reason, you should not hesitate to do so. Your employer is required to provide you with job-protected leave under the FMLA.
12 months of employment
To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months.
- 12 consecutive months of employment
The 12 months of employment do not need to be consecutive. However, they must be within the 7 years preceding the start of the leave.
- Hours worked
Employees must also have worked at least 1,250 hours during the 12 months preceding the start of the leave. This is equivalent to an average of 25 hours per week.
- Exempt and non-exempt employees
Both exempt and non-exempt employees are eligible for FMLA leave. However, the 12-month eligibility period may be different for exempt employees. For example, an exempt employee may need to have worked for their employer for 1,250 hours during the 12 months preceding the start of the leave, regardless of the number of weeks worked.
- New hires
New hires are not eligible for FMLA leave until they have worked for their employer for 12 months. However, new hires may be eligible for other types of leave, such as sick leave or vacation leave.
If you are unsure whether you are eligible for FMLA leave, you should contact your employer or the U.S. Department of Labor.
1,250 hours worked
In addition to working for their employer for at least 12 months, employees must also have worked at least 1,250 hours during the 12 months preceding the start of the leave.
- Average of 25 hours per week
This is equivalent to an average of 25 hours per week. However, employees do not need to have worked exactly 1,250 hours. They may have worked more or less than this amount, as long as they meet the average of 25 hours per week.
- Hours worked include all hours paid
This includes hours worked, paid sick leave, paid vacation leave, and other paid time off. It also includes hours worked overtime and on weekends.
- Hours worked do not include unpaid time off
This includes unpaid sick leave, unpaid vacation leave, and other unpaid time off. It also does not include time spent on jury duty or military leave.
- New hires
New hires are not eligible for FMLA leave until they have worked for their employer for 12 months and have worked at least 1,250 hours.
If you are unsure whether you have worked enough hours to be eligible for FMLA leave, you should contact your employer or the U.S. Department of Labor.
Unpaid leave
FMLA leave is unpaid, which means that employees do not receive any pay from their employer while they are on leave.
- Employer not required to pay wages
Employers are not required to pay employees for the time they take off on FMLA leave. However, some employers may choose to do so.
- Employees may use other paid leave
Employees can use other paid leave, such as sick leave or vacation leave, to cover the time they take off on FMLA leave. This can help to offset the loss of income during leave.
- Job-protected leave
Even though FMLA leave is unpaid, it is job-protected. This means that employees cannot be fired or retaliated against for taking FMLA leave.
- Health insurance coverage
Employers are required to continue providing health insurance coverage to employees during FMLA leave.
Unpaid leave can be a challenge, but it is important to remember that FMLA leave is a valuable benefit that can help employees balance their work and family responsibilities. If you need to take time off for a covered reason, you should not hesitate to do so.
Continued health insurance
One of the most important benefits of FMLA is that employers are required to continue providing health insurance coverage to employees during FMLA leave.
This is important for two reasons. First, it ensures that employees have access to the health care they need, even while they are not working. Second, it helps to protect employees from the high cost of health insurance. COBRA (the Consolidated Omnibus Budget Reconciliation Act) allows employees to continue their employer-based health insurance coverage after they leave their job, but it can be very expensive. By continuing to provide health insurance coverage during FMLA leave, employers can help employees avoid the high cost of COBRA.
There are a few exceptions to the rule that employers must continue to provide health insurance coverage during FMLA leave. For example, employers are not required to provide health insurance coverage to employees who are taking FMLA leave for more than 12 weeks in a 12-month period. Additionally, employers are not required to provide health insurance coverage to employees who are taking FMLA leave for a reason that is not covered by the FMLA.
If you are eligible for FMLA leave and you are concerned about your health insurance coverage, you should contact your employer or the U.S. Department of Labor. They can help you to determine if your employer is required to provide you with health insurance coverage during your FMLA leave.
Continued health insurance coverage is a valuable benefit that can help employees balance their work and family responsibilities. If you need to take time off for a covered reason, you should not hesitate to do so. Your employer is required to provide you with continued health insurance coverage under the FMLA.
Employer size: 50+ employees
The FMLA applies to employers with 50 or more employees.
- 50 employees within 75 miles
To be covered by the FMLA, an employer must have at least 50 employees within a 75-mile radius of the worksite where the employee taking leave is employed. This means that a single employer may have multiple worksites that are covered by the FMLA, even if each worksite has fewer than 50 employees.
- Employees counted
All employees are counted towards the 50-employee threshold, regardless of their job title, position, or full-time/part-time status. This includes employees on leave, employees on temporary assignment, and employees who work at different locations.
- Joint employers
In some cases, two or more employers may be considered joint employers for purposes of the FMLA. This means that the employees of both employers may be counted towards the 50-employee threshold. For example, a staffing agency and the company that hires the staffing agency's employees may be considered joint employers.
- New employers
New employers are not required to comply with the FMLA until they have been in business for at least one year. However, new employers are still required to comply with all other federal and state employment laws.
If you are unsure whether your employer is covered by the FMLA, you should contact your employer or the U.S. Department of Labor.
FAQ
What is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that requires employers to provide eligible employees with unpaid, job-protected leave for certain family and medical reasons. FMLA also requires employers to continue group health insurance coverage during the leave period.
Question 1: Who is eligible for FMLA leave?
Employees are eligible for FMLA leave if they have worked for their employer for at least 12 months and have worked at least 1,250 hours during the 12 months preceding the leave.
Question 2: What are the qualifying reasons for FMLA leave?
FMLA leave can be taken for the following reasons:
Question 3: How much leave can I take under FMLA?
Eligible employees can take up to 12 weeks of unpaid, job-protected leave per year for FMLA-qualifying reasons.
Question 4: Is FMLA leave paid?
No, FMLA leave is unpaid. However, employees can use other paid leave, such as sick leave or vacation leave, to cover the time they take off on FMLA leave.
Question 5: Does my employer have to continue my health insurance coverage while I am on FMLA leave?
Yes, employers are required to continue providing health insurance coverage to employees during FMLA leave.
Question 6: What happens if I am fired or retaliated against for taking FMLA leave?
It is illegal for employers to fire or retaliate against employees for taking FMLA leave. If you believe that you have been fired or retaliated against for taking FMLA leave, you should contact the U.S. Department of Labor.
Closing Paragraph for FAQ
The FMLA is a valuable law that helps employees balance their work and family responsibilities. If you have any questions about your rights under the FMLA, you should contact your employer or the U.S. Department of Labor.
In addition to the information provided in this FAQ, here are some additional tips for employees who are considering taking FMLA leave:
Tips
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If you are considering taking FMLA leave, here are a few tips to help you make the process as smooth as possible:
Tip 1: Talk to your employer early.
The sooner you talk to your employer about your need for FMLA leave, the better. This will give your employer time to prepare and to make sure that your leave is approved.
Tip 2: Get a doctor's certification.
If you are taking FMLA leave for a medical reason, you will need to get a doctor's certification that states your medical condition and how it will affect your ability to work.
Tip 3: Keep track of your hours.
It is important to keep track of the hours you work, especially if you are working overtime or on weekends. This will help you to prove that you have met the 1,250 hour eligibility requirement.
Tip 4: Be prepared to take intermittent leave.
FMLA leave can be taken all at once or intermittently, in smaller blocks of time. If you are not sure how much leave you will need, it is best to be prepared to take intermittent leave.
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By following these tips, you can help to ensure that your FMLA leave is approved and that you have a smooth and successful return to work.
If you have any questions about your rights under the FMLA, you should contact your employer or the U.S. Department of Labor.
Conclusion
Summary of Main Points
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with unpaid, job-protected leave for certain family and medical reasons. FMLA also requires employers to continue group health insurance coverage during the leave period.
To be eligible for FMLA leave, employees must have worked for their employer for at least 12 months and have worked at least 1,250 hours during the 12 months preceding the leave. FMLA leave can be taken for up to 12 weeks per year for eligible reasons, such as the birth or adoption of a child, the serious illness of a spouse, child, or parent, or the employee's own serious health condition.
FMLA leave is unpaid, but employers are required to continue providing health insurance coverage during the leave period. Employees can use other paid leave, such as sick leave or vacation leave, to cover the time they take off on FMLA leave.
Closing Message
The FMLA is a valuable law that can help employees balance their work and family responsibilities. If you need to take time off for a covered reason, you should not hesitate to do so. Your employer is required to provide you with job-protected leave and continued health insurance coverage under the FMLA.
If you have any questions about your rights under the FMLA, you should contact your employer or the U.S. Department of Labor.