The Family and Medical Leave Act (FMLA) is one of the most important federal workplace protections available to American workers yet it is widely misunderstood and frequently violated by employers. Knowing your rights under the FMLA can protect your job during some of the most challenging periods of your life.
Who Is Eligible for FMLA Leave?
To be eligible, you must work for a covered employer (private employers with 50+ employees, all public agencies, and all public and private elementary and secondary schools), have worked for your employer for at least 12 months, have worked at least 1,250 hours during the previous 12 months, and work at a location where the employer has at least 50 employees within 75 miles
What Does FMLA Cover?
FMLA provides up to 12 weeks of unpaid, job-protected leave per year for the birth or adoption of a child, caring for a spouse, child, or parent with a serious health condition, your own serious health condition that prevents you from performing your job, and qualifying exigency related to a family member’s military service. Military caregiver leave can extend to 26 weeks.
How to Request FMLA Leave
You don’t need to specifically mention “FMLA” you just need to provide enough information that your employer should reasonably know your leave might qualify. Your employer must then notify you of your FMLA rights within 5 business days. You may be required to provide medical certification from your healthcare provider. Intermittent FMLA leave (for recurring conditions) allows you to take leave in blocks as small as 1 hour.
Your Rights While on FMLA Leave
Your employer must maintain your health insurance benefits on the same terms as before your leave. Upon return, you must be restored to your same job or an equivalent position with the same pay, benefits, and conditions. Your employer cannot count FMLA leave in attendance policies, demote you, reduce your pay, or treat FMLA leave as a negative factor in performance evaluations.
State Family and Medical Leave Laws
Many states have enacted leave laws that are more generous than the FMLA. California’s CFRA, New York’s PFL (which provides paid family leave), Massachusetts’s PFML, and Washington’s PFML all provide broader coverage smaller employers, paid benefits, or more qualifying reasons.
Conclusion: The FMLA is a powerful protection that too few workers use because they don’t know their rights or fear retaliation. If you need leave for a qualifying reason, exercise your rights confidently, document everything, and consult an employment attorney if your employer retaliates or interferes with your leave.
FAQ
Q: Do I get paid during FMLA leave?
A: FMLA itself is unpaid. However, your employer can (and often must) require you to use accrued paid leave concurrently. Many states now have paid family and medical leave programs.
Q: Can my employer fire me while I’m on FMLA leave?
A: An employer can terminate an employee on FMLA leave for legitimate, non-FMLA reasons. Using FMLA leave as the reason for termination is illegal.
