What is FMLA (Family and Medical Leave Act)?

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FMLA is the US Family and Medical Leave Act. It gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons, and group health benefits continue on the same terms. Covered employers include private employers with 50 or more employees.

Who is eligible

The Department of Labor says an employee must have worked for the covered employer at least 12 months, logged at least 1,250 hours of service in the 12 months before leave, and work at a location with at least 50 employees within 75 miles. Public agencies and schools are covered regardless of headcount.

Reasons and amount of leave

Qualifying reasons include a serious health condition of the employee or a child, parent or spouse, the birth of a child, adoption or foster placement, and certain military family reasons. Military caregiver leave can be up to 26 workweeks. Leave can be taken in whole weeks, single days or hours. States may add protection, so check your state labor department.

Example

An employee with two years of service and enough hours at a covered employer takes several weeks of unpaid leave after a baby is born. Her health coverage continues while she is away.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.