FMLA Resource Center

FMLA Resource Center

FMLA Summary / Fundamentals

FMLA Summary from the Department of Labor

The FMLA provides eligible employees of covered employers with job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same conditions as if they had not taken leave. FMLA leave may be unpaid or used at the same time as employer-provided paid leave. Employees must be restored to the same or virtually identical position when they return to work after FMLA leave.

Eligible employees: Employees are eligible if they work for a covered employer for at least 12 months, have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and work at a location where the employer has at least 50 employees within 75 miles.

Covered employers: Covered employers under the FMLA include:

  • Private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or previous calendar year,
  • Public agencies (including Federal, State, and local government employers, regardless of the number of employees), and
  • Local educational agencies (including public school boards, public elementary and secondary schools, and private elementary and secondary schools, regardless of the number of employees).

The FMLA protects leave for:

  • The birth of a child or placement of a child with the employee for adoption or foster care,
  • The care for a child, spouse, or parent who has a serious health condition,
  • A serious health condition that makes the employee unable to work, and
  • Reasons related to a family member’s service in the military, including
    • Qualifying exigency leave – Leave for certain reasons related to a family member’s foreign deployment, and
    • Military caregiver leave – leave when a family member is a current servicemember or recent veteran with a serious injury or illness.

Eligible employees may take:

  • Up to 12 workweeks of leave in a 12-month period for any FMLA leave reason except military caregiver leave, and
  • Up to 26 workweeks of military caregiver leave during a single 12-month period.

More at: U.S. Department of Labor Family and Medical Leave Act – The U.S, Department of Labor’s general index to resources on Family and Medical Leave Act, including an overview, key news, laws, general guidance, e-tools, posters, and Fact Sheets in English, Spanish, Chinese, Korean, Tagalog and Thai.

elaws Family and Medical Leave Act Advisor  -The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given.

 FMLA forms – The Wage and Hour Division of the Department of Labor offers “optional-use forms which can be used by employers to provide required notices to employees, and by employees to provide certification of their need for leave for an FMLA qualifying reason. These forms are electronically fillable PDFs and can be saved electronically. Alternatively, employers may use their own forms, if they provide the same basic notice information and require only the same basic certification information.”

Military Family Leave Provisions

  • Qualifying Exigency Leave – Eligible employees who are the spouse, son, daughter, or parent of a military member may take up to 12 weeks of FMLA leave during any 12-month period to address the most common issues that arise when a military member is deployed to a foreign country, such as attending military sponsored functions, making appropriate financial and legal arrangements, and arranging for alternative childcare. This provision applies to the families of members of both the active duty and reserve components of the Armed Forces.
  • Military Caregiver Leave – Eligible employees who are the spouse, son, daughter, parent or next of kin of a covered servicemember may take up to 26 weeks of FMLA leave during a single 12-month period to care for the servicemember who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred or aggravated in the line of duty on active duty. This provision applies to the families of members of both the active duty and reserve components of the Armed Forces.

Discrimination

The U.S. Equal Employment Opportunity Commission enforces Federal laws prohibiting employment discrimination. These laws protect employees and job applicants against employment discrimination when it involves:

  • Unfair treatment because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
  • Harassment by managers, co-workers, or others in the workplace, because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
  • Denial of a reasonable workplace accommodation that the employee needs because of religious beliefs or disability.
  • Retaliation because the employee complained about job discrimination, or assisted with a job discrimination investigation or lawsuit.

FMLA  Recent New or Updated Fact Sheets / Posters

See all Fact Sheets – note that several were updated in 2023.

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Coronavirus

FMLA and Coronavirus / Covid-19
The recent news of note was the extension of certain provisions of the Families First Coronavirus Response Act (FFCRA) via the American Rescue Act.


Also on Covid-19:

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State Resources


DOL: “A number of states have family leave statutes. Nothing in the FMLA supersedes a provision of state law that is more beneficial to the employee, and employers must comply with the more beneficial provision. Under some circumstances, an employee with a disability may have rights under the Americans with Disabilities Act.”

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Disability Resources

Disability Management Employer Coalition (DMEC) – As the only non-profit devoted to integrated disability and absence management, the Disability Management Employer Coalition (DMEC) will provide you with tools to save your company money and keep valuable employees at work.

Office of Disability Employment Policy – The federal government website for comprehensive information on disability programs and services in communities nationwide. The site has information on topics such as applying for benefits, getting health care, finding a job, paying for housing and protecting the legal rights of people with disabilities.

Job Accommodation Network (JAN) – JAN’s consultants offer one-on-one guidance on workplace accommodations, the Americans with Disabilities Act (ADA) and related legislation, and self-employment and entrepreneurship options for people with disabilities. Assistance is available by phone and online. Those who can benefit from JAN’s services include private employers of all sizes, government agencies, employee representatives, and service providers, as well as people with disabilities and their families.

ADA Library – From Job Accommodation Network

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HR Resources

This Guide describes the major statutes and regulations administered by the U.S. Department of Labor (DOL) that affect businesses and workers. The Guide is designed mainly for those needing “hands-on” information to develop wage, benefit, safety and health, and nondiscrimination policies for businesses.

Statutory and regulatory changes will occur over time, which may affect the information in this Guide. For the latest information on all laws check this site periodically.

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Legal blogs and HR publications that cover FMLA

There’s a wealth of legal expertise and free resources on FMLA in employment law blogs. This includes commentary/interpretations on any updates to the law, analysis of case law, and tips for best practices. The following blogs and publications are reliable sources:

FMLA: A Primer for HR – A Primer for HR
From SHRM: “The statute is notoriously complex, but these tips will give you—and your employees—peace of mind. ”

ABA’s 2023 Summary of 2022 FMLA Cases (PDF)

ABA’s 2022 Summary of 2021 FMLA Cases (PDF)

ABA’s 2021 Summary of 2020 FMLA Cases (PDF)

ABA’s 2020 Summary of 2019 FMLA Cases (PDF)

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Articles on specific FMLA Issues

Eligibility Matters

Intermittent Leave


Retaliation, Interference and other Employer Problems

Caregivers and Caregiver Discrimination


Curbing Employee abuse of FMLA

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Best Practices


Administrative Issues

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Potential Problems

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