Balancing work with serious health issues or family responsibilities can be challenging. Fortunately, many employees in the United States are protected by the Family and Medical Leave Act (FMLA).

FMLA allows eligible employees to take unpaid, job-protected leave for certain family and medical reasons without worrying about losing their job or health insurance benefits.

In this guide, we'll explain what FMLA leave is, who qualifies, what situations are covered, and how to request leave from your employer.

What Is FMLA Leave?

The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for qualifying family or medical reasons.

During FMLA leave:

• Your employer must generally keep your job or an equivalent position available.

• Your group health insurance benefits continue under the same terms.

• You cannot legally be fired simply for taking approved FMLA leave.

However, FMLA leave is typically unpaid, although employees may choose or be required to use available paid leave depending on company policy.

Who Qualifies for FMLA Leave?

Not every employee automatically qualifies for FMLA protections.

To be eligible, you must meet all of the following requirements:

1. Work for a Covered Employer

FMLA applies to:

• Private employers with 50 or more employees within a 75-mile radius

• Public agencies

• Local, state, and federal government employers

• Public and private elementary and secondary schools

2. Worked for Your Employer Long Enough

You must have worked for your employer for at least 12 months.

The 12 months do not need to be consecutive in many cases.

3. Meet the Hours Requirement

You must have worked at least 1,250 hours during the 12 months immediately before your leave begins.

This averages roughly 24 hours per week over one year.

4. Work at a Qualifying Location

You must work at a location where the employer has at least 50 employees within 75 miles.

Reasons You Can Take FMLA Leave

FMLA protects employees in several important situations.

Birth of a Child

Parents can take leave to:

• Give birth

• Recover from childbirth

• Bond with a newborn

Adoption or Foster Care

Employees may take leave when:

• Adopting a child

• Receiving a foster child

• Bonding with the newly placed child

Serious Health Condition

You may qualify if a serious health condition prevents you from performing your job.

Examples include:

• Major surgery

• Cancer treatment

• Serious injuries

• Hospitalization

• Chronic medical conditions

• Pregnancy complications

Caring for a Family Member

You can take leave to care for a:

• Spouse

• Child

• Parent

The family member must have a serious health condition.

Military Family Leave

Certain military-related situations also qualify, including:

• Military deployment emergencies

• Caring for an injured service member (which may allow up to 26 weeks of leave in some circumstances)

How Much Leave Can You Take?

Most eligible employees may take:

• Up to 12 workweeks of unpaid leave in a 12-month period.

For military caregiver leave:

• Up to 26 workweeks in a single 12-month period.

Is FMLA Leave Paid?

Generally, no.

FMLA itself does not require employers to pay employees during leave.

However:

• Some employers provide paid family leave.

• Employees may use accrued vacation days.

• Paid sick leave may apply.

• Some states offer paid family leave programs.

Check your employer's policies and state laws for additional benefits.

What Happens to Your Health Insurance?

If you receive employer-sponsored health insurance, your employer generally must continue your coverage during approved FMLA leave under the same conditions as if you were still working.

You are usually responsible for paying your normal employee share of insurance premiums.

Can Your Employer Deny FMLA Leave?

If you meet all eligibility requirements and your reason qualifies under the law, your employer generally cannot deny legitimate FMLA leave.

However, leave may be denied if:

• You do not meet eligibility requirements.

• The employer is not covered by FMLA.

• You fail to provide required certification.

• Your reason does not qualify under the law.

Can You Be Fired While on FMLA Leave?

Employers generally cannot terminate you simply because you took approved FMLA leave.

However, FMLA does not protect employees from unrelated employment actions.

For example, an employer may still terminate employment due to:

• Company-wide layoffs

• Position elimination

• Serious workplace misconduct

• Poor performance unrelated to taking leave

How to Request FMLA Leave

Follow these steps:

1. Notify Your Employer

If your leave is foreseeable, provide at least 30 days' notice whenever possible.

For emergencies, notify your employer as soon as practical.

2. Complete Required Forms

Your employer may ask you to complete FMLA paperwork.

3. Provide Medical Certification

For medical leave, your employer may require documentation from a healthcare provider.

4. Stay in Communication

Keep your employer informed if your return date changes or your leave needs to be extended.

Can You Take FMLA Leave Intermittently?

Yes.

In certain situations, employees may take leave in smaller increments instead of all at once.

Examples include:

• Weekly medical treatments

• Physical therapy appointments

• Flare-ups of chronic illnesses

• Ongoing medical care

Intermittent leave must generally be medically necessary.

State Leave Laws May Offer Additional Benefits

Some states provide greater protections than federal FMLA.

Depending on where you live, you may have access to:

• Paid family leave

• Longer leave periods

• Coverage for smaller employers

• Additional family relationships

Always review your state's labor laws to determine whether additional benefits apply.

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