The guide below is general information for employees, 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) gives eligible employees the right to take unpaid, job-protected leave for serious health conditions, family caregiving, and certain military-related reasons. When the law applies, your employer generally must restore you to the same or an equivalent position when you return. Understanding eligibility and how leave works can help you protect your job during a difficult time.
Who qualifies for FMLA leave
You are generally eligible if you work for a covered employer, have worked for that employer for at least 12 months, have at least 1,250 hours of service in the 12 months before leave begins, and work at a location where the employer has at least 50 employees within 75 miles. Covered employers include public agencies, public and private elementary and secondary schools, and private employers with 50 or more employees.
Eligible employees may take up to 12 workweeks of leave in a 12-month period for reasons such as your own serious health condition, caring for a spouse, child, or parent with a serious health condition, bonding with a new child, or certain military family needs. Some circumstances allow up to 26 weeks of military caregiver leave.
How job-protected leave works
FMLA leave is unpaid, though you may use accrued paid leave if your employer’s policy allows it. While on leave, your employer must maintain your group health insurance on the same terms as if you were working. When you return, you are entitled to reinstatement to the same or an equivalent job — same pay, benefits, and working conditions.
You must generally provide notice when leave is foreseeable — for example, 30 days for planned medical treatment or the birth of a child. In emergencies, notify your employer as soon as practicable. Employers may require medical certification supporting the need for leave.
Common employer violations
Employers violate the FMLA in many ways: denying eligible leave, discouraging employees from requesting leave, counting FMLA leave against attendance policies, failing to restore an employee to the same or equivalent position, retaliating after leave is requested or taken, or interfering with FMLA rights. Sometimes violations are subtle — a demotion, reduced hours, or sudden performance criticism after you return.
Interference and retaliation claims can arise even when some leave was granted. The timing of adverse action relative to your request or return is often important evidence.
If your FMLA rights may have been violated
Keep records of leave requests, approvals, medical certifications, and communications with HR or your manager. FMLA claims have deadlines, and state law may provide additional protections. If you were denied leave, fired while on leave, or punished for taking it, consider speaking with an employment attorney about your options.