FMLA Resource Center


FMLA Summary / Fundamentals

FMLA Summary from the Department of Labor

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

Twelve workweeks of leave in a 12-month period for:

  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;”

Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave)

What employees are covered by FMLA?

The FMLA applies to any employer in the private sector who engages in commerce, or in any industry or activity affecting commerce, and who has 50 or more employees each working day during at least 20 calendar weeks in the current or preceding calendar year.

The law also covers all public agencies (state and local governments) and local education agencies (schools, whether public or private). These employers do not need to meet the “50 employee” test. Title II of FMLA covers most federal employees, who are subject to regulations issued by the Office of Personnel Management.

To be eligible for FMLA leave, an individual must meet the following criteria:

  • Be employed by a covered employer and work at a worksite within 75 miles of which that employer employs at least 50 people;
  • Have worked at least 12 months (which do not have to be consecutive) for the employer; and
  • Have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave begins.

An employer need not count employment prior to a break in service of seven years or more unless there was a written agreement between the employer and employee (including a collective bargaining agreement) to rehire the employee, or the break in service was due to fulfillment of military service in the National Guard or Reserves.

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. Both employees and employers can benefit from elaws.

Family and Medical Leave Act

Advisor — The FMLA Advisor has been recently updated to reflect revised regulations and recent amendments to the law. The Advisor helps clarify which employers are required to provide FMLA leave and which employees are eligible to take such leave. In addition, it explains valid reasons for leave, employer and employee notice requirements, and other responsibilities under the law.

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.

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.

Recently FMLA Updated Fact Sheets

July 2017

  • No new Fact Sheets have been posted or updated: See all Fact Sheets

Jan 2016

July 2015

January 2015

See also:

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News / Updates

June 2017 – DOL Withdraws Joint Employer and Independent Contractor Guidance – In a three-sentence press release, Labor Secretary Alexander Acosta announced the withdrawal of the January 2016 standards for determining joint employment under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (below).

January 20, 2016 – Joint Employment Under the FLSA and MSPA – Joint employment exists when a person is employed by two or more employers such that the employers are responsible, both individually and jointly, for compliance with a statute. The Fair Labor Standards Act (1938) and the Migrant and Seasonal Agricultural Worker Protection Act (1983) share the same definition of employment. This definition, which includes “to suffer or permit to work,” was written to have as broad an application as possible. Under these laws, it is possible for a worker to be jointly employed by two or more employers who are both responsible, simultaneously, for compliance.
On January 20, 2016, the Wage and Hour Division released an Administrator’s Interpretation concerning joint employment under FLSA and MSPA. The interpretation identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance. It pulls together all the relevant authorities – statutory provisions, regulations, and case law – to provide comprehensive guidance on joint employment so employers can properly analyze a potential joint employment scenario.

February 23, 2015: Federal job-protected family and medical leave rights extended to eligible workers in same-sex marriages – “Workers in legal, same-sex marriages, regardless of where they live, will now have the same rights as those in opposite-sex marriages to federal job-protected leave under the Family and Medical Leave Act to care for a spouse with a serious health condition. The U.S. Labor Department announced a rule change to the FMLA today in keeping with the U.S. Supreme Court ruling in United States v. Windsor. That ruling struck down the federal Defense of Marriage Act provision that interpreted “marriage” and “spouse” to be limited to opposite-sex marriage for the purposes of federal law.”

See: Final Rule to Revise the Definition of “Spouse” Under the FMLA

Effective date of the Final Rule on March 8, 2013: Protections Expanded for Military Families and Airline Flight Crews – Final Rule to Implement Statutory Amendments
Changes reflect two expansions:

  • The first expansion provides families of eligible veterans with the same job-protected FMLA leave currently available to families of military service members and it also enables more military families to take leave for activities that arise when a service member is deployed.
  • The second expansion modifies existing rules so that airline personnel and flight crews are better able to make use of the FMLA’s protections.

Employers need to download and replace the most recent version of the one-page poster which reflects these changes:
Employee Rights and Responsibilities Under the Family and Medical Leave Act poster

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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 both over the 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. JAN is one of several services provided by the U.S. Department of Labor’s Office of Disability Employment Policy (ODEP). Its development has been achieved through the collaborative efforts of ODEP, West Virginia University, and private industry throughout North America.

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 Summary of 2017 FMLA Cases (PDF)

ABA’s Summary of 2016 FMLA Cases  (PDF) Valuable Resources for Employers, Attorneys
Each year, the American Bar Association’s Federal Labor Standards Legislation Committee publishes a comprehensive report of significant FMLA decisions handed down by the federal courts in the previous year.

The Center for Work Life Law – Our Contributions
Center of UC Hastings College of the Law offers model policies and best practices for avoiding family responsibilities discrimination and retaining talented employees with caregiving responsibilities.

FMLA Insights
Employment Law Attorney Jeff Nowak is co-chair of Chicago law firm Franczek Radelet’s Labor and Employment Practice.

The FMLA Blog 
Archives – not updated since 2013. Carl C. Bosland, Esq., helps employers and employees with FMLA compliance through training, audits, and consulting.

Connecticut Employment Law Blog
FMLA posts from employment law attorney Daniel Schwartz is a member of Pullman & Comley

HR Daily Advisor
FMLA Tips Archive

HR Hero
FMLA article archive. HRHero.com is supported by the Employers Counsel Network (ECN), a select group of attorneys from top law firms in all 50 states, Washington, D.C., and Canada. ECN members are leading attorneys in employment disputes, immigration matters, workers’ compensation, and other labor law issues.

HR Morning – FMLA

JD Supra: FMLA

Ohio Employer’s Law Blog
FMLA posts from John Hyman, partner at Kohrman Jackson & Krantz

 

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Articles on specific FMLA Issues

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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