The summaries below explain federal and Minnesota employment laws in everyday language. They are general information only, not legal advice. Every situation is different. If you believe your rights have been violated, talk to an employment attorney about the facts of your case.
The Family and Medical Leave Act (FMLA) is a federal law passed in 1993. It lets eligible employees take time off work for serious family and medical needs without losing their jobs. Congress passed the law because more and more workers were struggling to balance their jobs with caring for themselves and their families.
When can you take FMLA leave? The law covers six situations: the birth of a child; the adoption or foster placement of a child; caring for a spouse, child, or parent with a serious health condition; your own serious health condition that keeps you from doing your job; certain urgent needs that come up when a family member is called to active military duty; and caring for a family member who was seriously injured while serving in the military (this last one allows up to 26 weeks in a 12-month period, instead of the usual 12).
What counts as a "serious health condition"? Generally, it means an illness or injury that involves either an overnight stay in a hospital or ongoing treatment by a doctor. This can include chronic conditions, pregnancy and prenatal care, and long-term conditions. Minor problems that clear up quickly usually do not qualify. Courts often focus on whether the person was truly unable to work or handle daily activities, and whether they were under a doctor's continuing care.
Do you have to give notice? Yes. If you know about the leave in advance — for example, a planned surgery or the birth of a child — you must give your employer 30 days' notice. If the need for leave is unexpected, you must tell your employer as soon as you reasonably can. Here is the good news: you do not have to say the magic words "FMLA" to be protected. You just need to give your employer enough information to understand that your absence might qualify. In some cases, even a family member can give notice for you. But be careful — if you clearly choose not to use FMLA leave (for example, by insisting on using vacation time instead), you may lose the law's protection.
Is FMLA leave paid? No. The FMLA only requires unpaid leave. However, you may choose — or your employer may require you — to use your saved-up paid vacation or sick time at the same time as your FMLA leave. Your employer must also keep paying its share of your health insurance while you are on leave, just as if you were still working.
Can your employer punish you for taking leave? No. Employers cannot use FMLA leave as a negative mark against you in decisions about hiring, firing, promotions, or discipline. They also cannot pressure you not to use your leave or retaliate against you for requesting it — even if you never actually end up taking the leave. Bonus rules can get complicated: an employer generally may reduce a production-based bonus if you missed production goals while on leave, but only if it treats employees on other kinds of leave the same way.
What does your employer have to tell you? Employers must post a notice about FMLA rights in the workplace, give you information when you request leave, and include FMLA information in the employee handbook if they have one. Once you request leave, your employer generally must tell you within five days whether your leave qualifies under the FMLA.
Do you get your job back? Yes, in most cases. When you return from FMLA leave, your employer must put you back in your old job or an equivalent one — meaning a job with similar duties, pay, and benefits. There are a few exceptions. Certain highly paid "key employees" may be denied reinstatement if bringing them back would cause serious economic harm to the company. Your employer may also require a doctor's note clearing you to return, if it requires this of everyone. And if you would have lost your job anyway for reasons unrelated to your leave — such as a company-wide layoff — the FMLA does not protect you from that. Employees who obtain leave through fraud, or who stay out longer than the FMLA protects, can also lose their right to reinstatement.
These summaries reflect the law as described in current legal reference materials and are provided for general education. Laws change, deadlines are strict, and small facts can make a big difference. If you have questions about your specific situation, begin a free case evaluation to discuss your situation.