The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. During FMLA leave, your employer must maintain your health benefits and restore you to the same or an equivalent job when you return.
Who Is Eligible for FMLA?
To qualify for FMLA, you must meet all three of these criteria:
- Employer size: Your employer has 50 or more employees within 75 miles of your worksite
- Length of employment: You have worked for your employer for at least 12 months
- Hours worked: You have worked at least 1,250 hours in the past 12 months (about 24 hours per week)
If your employer has fewer than 50 employees, federal FMLA does not apply — though some states have their own family leave laws with broader coverage.
What Situations Qualify for FMLA Leave?
FMLA covers specific qualifying reasons — not all medical or family situations automatically qualify:
- Birth of a child and care of a newborn within the first year
- Adoption or foster placement of a child within the first year
- Serious health condition of the employee that prevents them from working
- Caring for a spouse, child, or parent with a serious health condition
- Military family leave — qualifying exigency related to a family member’s active military service
- Care for a covered servicemember — up to 26 weeks to care for an injured or ill military family member
A “serious health condition” means an illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment by a healthcare provider. A common cold or minor illness generally doesn’t qualify.
Key Features of FMLA Leave
It’s Unpaid
FMLA guarantees your job — not your paycheck. Unless your employer has a paid leave policy or you have accrued PTO to use, FMLA leave is unpaid. Many employers require or allow you to use accrued vacation or sick leave concurrently with FMLA.
Health Benefits Continue
Your employer must maintain your group health insurance on the same terms as if you hadn’t taken leave. You may still be responsible for your regular premium contributions.
Job Protection
When you return from FMLA leave, your employer must restore you to the same position or an equivalent one — same pay, benefits, and working conditions. Your employer cannot fire, demote, or penalize you for taking FMLA leave.
Intermittent Leave Is Allowed
FMLA doesn’t have to be taken all at once. You can take intermittent leave — a few hours per week for chemotherapy treatments, for example — as long as the total doesn’t exceed 12 weeks in a 12-month period.
How to Request FMLA Leave
- Notify your employer at least 30 days in advance for foreseeable leave (planned surgery, expected birth)
- For unexpected situations, notify as soon as practicable — usually within 1–2 business days
- Your employer will provide FMLA paperwork, typically including a medical certification form
- Have your healthcare provider complete the certification within 15 calendar days
- Keep copies of everything you submit
State Leave Laws May Offer More
Many states have their own family and medical leave laws that provide additional protections — covering smaller employers, more qualifying reasons, or paid leave. California, New York, New Jersey, Washington, and several other states have paid family leave programs that pay a portion of your wages during leave. Check your state’s labor department website to understand what applies to you.
The Financial Side of FMLA
Because FMLA is typically unpaid, planning ahead financially is important. If you anticipate needing leave — for a planned surgery or an expected birth — build up savings in advance to cover your expenses during the unpaid period. Check whether your employer offers short-term disability insurance, which may partially replace income during medical leave.
An emergency fund is your best protection against an unexpected need for unpaid leave — even a few months of expenses saved makes a significant difference.
The Bottom Line
FMLA gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave for serious family and medical situations without losing their job or health insurance. If you think you may need leave, notify your employer as early as possible and get familiar with both federal FMLA and any state leave laws that apply to you.
For more on the financial side of work, see Jobs & Career and What Are Employee Benefits?