What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a law that gives employees the right to take up to 12 weeks of unpaid leave per year for certain medical and family reasons.

The Family and Medical Leave Act (FMLA) applies to employers with 50 or more employees who work within a 75-mile radius. If your business meets these requirements, it must offer FMLA leave to employees.

What Are the Covered Reasons for FMLA Leave?

If a manager knows that an employee must take leave for any of the reasons listed below, they should tell the HR Representative immediately:

Having a serious health condition that stops them from doing their job
Caring for a newborn baby in the first 12 months after birth
Caring for an adopted or foster child within 12 months of adoption or placement
Taking care of a spouse (or another family member) with a serious health condition
Incapacity due to pregnancy

There are special reasons for FMLA Leave that relate to military service. These include:

When a family member is on active duty or called to active duty in the National Guard or Reserves.
When a servicemember gets injured or sick during their duties and needs medical treatment, rest, or therapy.

How Do I Determine Employee Eligibility for FMLA Leave?

To be eligible for FMLA leave, an employee must meet three criteria: They must have worked for the business for at least 12 months in the last 7 years.
They must have been paid by the business for 1,250 hours in the last 12 months before taking leave
This is their only FMLA request in the past 12 months.

If any of these requirements are unmet, then the company will decide if the employee gets any kind of leave under FMLA.

Return to the HR Glossary