How the Family and Medical Leave Act (FMLA) protects your job

Needing time away from work can cause real anxiety, especially when it’s because you or someone close to you is facing a serious health issue. Whether it’s surgery, childbirth, or a chronic condition, stepping away can leave you wondering if you’re putting your job in jeopardy.

The Family and Medical Leave Act (FMLA) was created to address that concern. It gives eligible employees up to 12 weeks of unpaid leave annually for medical or family caregiving needs while protecting their jobs and maintaining access to group health benefits.

What is the Family and Medical Leave Act?

President Bill Clinton signed the Family and Medical Leave Act into law in 1993. It protects employees from being fired when they take extended time off for medical reasons or to care for an immediate family member. Eligible workers can take up to 12 weeks of unpaid leave annually without losing their job. During that time, employers must maintain group health insurance coverage as if the employee were still working. FMLA helps ensure that when you need time away for a major medical situation, you don’t have to choose between your health (or your family’s health) and your job.

How FMLA leave works and who’s eligible

Employees are eligible for FMLA leave if they:

• Work for a company with at least 50 employees
• Have been employed there for at least 12 months
• Have worked at least 1,250 hours during the last 12 months
• Are unable to work due to a serious health condition, or are caring for an immediate family member who has one

Under federal law, an immediate family member means a spouse (you must be legally married), child, or parent. Unmarried partners aren’t covered, although some state family leave laws do include them.

If you meet the requirements, your employer must allow you to take up to 12 weeks of unpaid leave a year. The leave can be taken as needed—it doesn’t have to be taken all at once.

For example, you might take three weeks off to help a parent recover from surgery, then another six weeks later in the year when your spouse gives birth. That would leave you with three more weeks of leave available before the end of your 12-month period.

Employers can define those 12 months in different ways. Some use the calendar year, while others use a rolling method, looking back 12 months from the start of each new leave to see how much time you’ve already used. The rolling method helps prevent employees from taking two full, 12-week leaves back-to-back as one year ends and another begins.

If you believe you’re eligible for FMLA leave, start the process by advising your manager or human resources department. You’ll likely need to complete some paperwork and provide documentation of the medical condition.

What qualifies as a health condition under FMLA?

A qualifying reason is required to be eligible for leave under FMLA—and that includes caring for a new child. The law covers time off for the birth or adoption of a child, or when a child is placed with you through foster care. If you or your spouse is giving birth, or if you’re adopting or becoming a foster parent, you’re eligible to take unpaid time off to bond and adjust.

A health condition may qualify for FMLA leave if it prevents you from working or handling basic daily activities like bathing, eating, or shopping without assistance. Qualifying conditions may include Alzheimer’s disease, cancer and its treatments, major surgery and recovery, severe injuries, depression, and substance abuse treatment. In general, conditions that qualify for disability benefits are also likely to qualify for FMLA.

Chronic conditions like epilepsy, asthma, and diabetes may qualify for FMLA if they require ongoing treatment by a health care provider. These conditions can also make your leave less predictable. You might need to step away from work during a flare-up or take time off for regular medical appointments, either for yourself or to care for a family member.

What happens if FMLA rights are violated?

If your employer wrongly denies you FMLA leave or takes action against you for using it, you have options.

Start by filing a complaint with the U.S. Department of Labor’s Wage and Hour Division, by phone, mail, or in person at a local office. The department can investigate and may take legal action to enforce your rights. Complaints can’t be filed by email or online.

You also have the option to file a lawsuit on your own. If you’re unsure how to proceed, consider speaking with an attorney specializing in labor law to understand your rights and next steps. In most cases, you have two years from the date of the violation to file. If the violation was willful, the window extends to three years.

If your claim is successful, your employer may be required to reinstate you, provide back pay, or take other corrective steps. Employers are also barred from retaliating against you for asserting your FMLA rights.

The bottom line

Knowing your rights under the Family and Medical Leave Act can help ensure you receive the job protections you’re entitled to. Life happens, sometimes in ways that require more time off than vacation or sick days allow. If a medical issue prevents you from working, or if you need to care for a family member, FMLA can help you take unpaid leave while keeping your job and group health benefits.

Some states offer additional protections, so check with your employer or state labor agency to understand what benefits may apply where you work.

References

• The Family and Medical Leave Act of 1993 | dol.gov
• [PDF] Need Time? The Employee’s Guide to Military Family Leave Under the Family and Medical Leave Act | dol.gov
• Family and Medical Leave Act | dol.gov