Wayfinder Medical
Wayfinder Medical
Navigate what comes next
RESOURCE HUB

"Family and Medical Leave Act (FMLA): The Complete Guide"

Family and Medical Leave Act (FMLA)

The FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, caring for a family member, or bonding with a new child. Your employer must hold your job (or an equivalent one) and continue your health insurance while you're on leave.

FMLA is not paid leave. It protects your job while you're unable to work. You may be able to use paid leave (sick time, PTO, vacation) at the same time.

Who Is Eligible

You must meet all three requirements:

  1. Your employer is covered. The FMLA applies to:
- Private employers with 50 or more employees in 20 or more workweeks in the current or previous year

- All public agencies (federal, state, local government) regardless of size - All public and private elementary and secondary schools regardless of size

  1. You've worked there long enough. At least 12 months (they don't have to be consecutive).
  2. You've worked enough hours. At least 1,250 hours in the 12 months before your leave starts.
  3. Your work location qualifies. Your employer must have at least 50 employees within 75 miles of your worksite.
Special rules apply for airline flight crew employees.

Qualifying Reasons for Leave

Your own serious health condition

A condition that makes you unable to perform your job functions. This includes:

Caring for a family member with a serious health condition

You can take leave to care for your spouse, child, or parent (not parent-in-law) who has a serious health condition. "Caring for" includes physical care, transportation to medical appointments, and psychological comfort.

Child includes biological, adopted, foster, stepchild, legal ward, or a child you stand in loco parentis to, if under 18 or incapable of self-care due to disability. Parent includes biological, adoptive, step, or foster parent, or anyone who stood in loco parentis when you were a child.

Birth and bonding

Either parent can take FMLA leave for the birth of a child and to bond with the newborn. Leave must be taken within 12 months of the birth.

Adoption or foster care placement

Leave for placement of a child and bonding. Also covers pre-placement activities like court appearances, travel, and attorney consultations.

Military family leave

Intermittent Leave

You don't have to take FMLA leave all at once. When medically necessary, you can take leave in separate blocks of time or reduce your work schedule.

Examples of intermittent leave: Important notes:

Medical Certification

Your employer may require you to submit a medical certification from a health care provider to support your FMLA leave request. They must give you at least 15 calendar days to provide it.

The certification forms

The Department of Labor provides optional-use forms:

Your employer can use their own forms, but they can't require more information than what's on the DOL forms. Your employer must accept a complete certification regardless of format -- including a letter on your doctor's letterhead.

What your employer can and cannot do

Your Rights During Leave

Job protection

When you return from FMLA leave, your employer must restore you to:

Health insurance

Your employer must maintain your group health insurance during FMLA leave under the same terms as if you were still working. If you contribute to the premium, you must continue to pay your share.

No retaliation

Your employer cannot:

Protection from Retaliation

FMLA retaliation is illegal. Prohibited actions include:

If you believe your employer has retaliated against you:
  1. File a complaint with the Department of Labor's Wage and Hour Division
  2. File a private lawsuit in court
The statute of limitations is generally two years from the date of the violation (three years for willful violations).

How to Request Leave

You don't have to use the words "FMLA leave." You just need to provide enough information for your employer to know the leave may qualify.

For foreseeable leave (planned surgery, due date, etc.): Give at least 30 days' notice. For unforeseeable leave (sudden illness, emergency): Notify your employer as soon as possible and practical.

Your employer must respond to your leave request with:

  1. An Eligibility Notice (within 5 business days) telling you whether you're eligible
  2. A Rights and Responsibilities Notice explaining your obligations during leave
  3. A Designation Notice telling you whether your leave is approved as FMLA leave

State Laws May Give You More

Many states have their own family and medical leave laws that provide additional protections. These may cover:

You're entitled to whichever law gives you more protection. State and federal FMLA protections can stack.

Key Contacts

Related Programs