The Family and Medical Leave Act (FMLA) is a US federal law enacted in 1993 that entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. During FMLA leave, the employee’s group health insurance must be maintained, and the employee must be restored to their original or an equivalent position upon return. The law applies to all public agencies, public and private elementary and secondary schools, and private-sector employers with 50 or more employees within a 75-mile radius.
Key Takeaways
- FMLA provides 12 weeks of unpaid, job-protected leave for qualifying reasons including serious health conditions, birth or adoption and military family leave
- Eligibility requires 12 months of employment and 1,250 hours worked in the preceding 12 months at an employer with 50+ employees
- FMLA leave can be taken intermittently, in blocks or on a reduced schedule, and employers must maintain health insurance during the leave
What FMLA Means for Employers
FMLA compliance is a significant obligation for covered employers. The US Department of Labour estimates that approximately 60% of employers are covered by FMLA, and many violations result from administrative errors rather than intentional non-compliance. The most common issues include failure to properly designate leave as FMLA, failure to maintain health insurance during leave, and failure to restore the employee to an equivalent position on return.
For HR teams, the key to compliance is accurate tracking. FMLA leave can be taken intermittently (for example, one day per week for chemotherapy), which makes tracking more complex than a single 12-week block. Employers must also determine whether the employee’s state has additional leave laws that layer on top of FMLA. California, New York, New Jersey and several other states have paid family leave programmes that may run concurrently with FMLA but provide paid benefits.
The FMLA also includes a military caregiver leave provision, which provides up to 26 weeks of leave in a single 12-month period to care for a covered service member with a serious injury or illness. This is in addition to the standard 12 weeks for other qualifying reasons.
FMLA Rules by Region
| Country | Rule | Detail |
|---|---|---|
| UK | Statutory Paternity/Parental Leave | No direct equivalent; statutory maternity leave is 52 weeks, paternity leave is two weeks, and shared parental leave allows 50 weeks to be shared |
| AU | Fair Work Act 2009 (Cth) | 12 months unpaid parental leave (extendable to 24 months); no general medical leave entitlement beyond the NES personal/carer’s leave |
| US | FMLA (29 U.S.C. § 2601) | 12 weeks unpaid, job-protected leave for qualifying reasons; 26 weeks for military caregiver leave |
How FMLA Works in Practice
A Texas-based manufacturing company with 200 employees receives an FMLA request from a production supervisor who needs eight weeks off for surgery and recovery. The employee has worked for the company for three years and logged 1,800 hours in the past 12 months, meeting both the 12-month and 1,250-hour eligibility thresholds.
The HR team designates the leave as FMLA, sends the required Eligibility Notice (DOL WH-381) within five business days and continues the employee’s health insurance during the leave. The employee returns after eight weeks to an equivalent position with the same pay, benefits and responsibilities. The company also tracks the remaining four weeks of FMLA leave in case the employee needs additional time during the 12-month period.
Without proper tracking, the company might have failed to designate the leave as FMLA, leaving it exposed to claims that the leave was not job-protected or that the employee’s health insurance was improperly terminated.
Common Mistakes with FMLA
- Failing to designate leave as FMLA within the required five business days, which may result in the leave not being counted against the 12-week entitlement
- Not maintaining the employee’s group health insurance during FMLA leave, which is a violation of the law
- Requiring the employee to return to a different position that is not equivalent in pay, benefits or responsibilities
- Counting FMLA leave against the employee for attendance or performance purposes
- Not tracking intermittent FMLA leave, leading to employees exceeding the 12-week annual entitlement
FAQ
What is FMLA?
The Family and Medical Leave Act (FMLA) is a US federal law that provides eligible employees of covered employers with up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons, including serious health conditions, birth or adoption and military family leave.
Who is eligible for FMLA?
Employees are eligible for FMLA if they have worked for their employer for at least 12 months, have logged at least 1,250 hours in the preceding 12 months, and work at a location where the employer has 50 or more employees within a 75-mile radius.
Is FMLA leave paid?
No. FMLA leave is unpaid by federal law. However, some states offer paid family leave programmes that run concurrently with FMLA. Employees may also elect to use accrued paid leave (vacation, sick leave) during FMLA leave.
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