Employment Law · Haute Lawyer Network
What Is the Family and Medical Leave Act (FMLA)?
Last reviewed: June 2026
The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. During FMLA leave, your employer must maintain your health benefits. When you return, you are entitled to the same or an equivalent position.
Who Is Eligible
FMLA applies to employers with 50 or more employees. Employees must have worked for the employer at least 12 months, worked at least 1,250 hours in the previous 12 months, and work at a location where the employer has at least 50 employees within 75 miles.
Qualifying Reasons
Birth and bonding with a newborn during the first year, adoption or foster placement and bonding during the first year, the employee's serious health condition, the serious health condition of a spouse, child, or parent, qualifying military exigencies, and care for a covered servicemember with a serious injury or illness — up to 26 weeks.
What FMLA Does Not Require
FMLA leave is unpaid. Employers can require employees to use accrued paid leave during FMLA leave. FMLA does not protect against termination for legitimate unrelated reasons.
Frequently Asked Questions
Does FMLA leave have to be taken all at once?
No. It can be taken intermittently — in separate blocks or on a reduced schedule — when medically necessary.
Can my employer fire me for taking FMLA leave?
An employer cannot fire, demote, or retaliate against an employee for taking FMLA leave. But they can terminate during FMLA leave for reasons unrelated to the leave.
Does FMLA apply to caring for a sibling or grandparent?
FMLA covers spouse, child, or parent — not siblings, grandparents, or in-laws under federal law. Some state laws are broader.
What is a serious health condition under FMLA?
An illness requiring inpatient care or continuing treatment by a healthcare provider. Minor illnesses like a cold do not qualify. Chronic conditions, pregnancy complications, and conditions requiring ongoing treatment generally do.
What should I do if my employer denies FMLA leave I believe I am entitled to?
Request the denial in writing and consult an employment attorney. You can also file a complaint with the Department of Labor's Wage and Hour Division.
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