FMLA

Enacted in 1993, FMLA applies to employers with 50 or more employees within 75 miles of the worksite. To be eligible, an employee must have worked for the employer for at least 12 months and logged at least 1,250 hours in the preceding 12-month period. Qualifying reasons include the birth or adoption of a child, caring for a spouse, child, or parent with a serious health condition, the employee's own serious health condition, or qualifying military exigencies. FMLA leave may be taken intermittently in blocks of time or by reducing the normal weekly or daily work schedule. Leave is unpaid under federal law, though many states have enacted paid family leave programs. Employers must maintain group health benefits during FMLA leave and restore employees to their same or equivalent position upon return. Military caregiver leave provides up to 26 weeks per year.

Who qualifies for FMLA leave?

Employees qualify for FMLA if they work for an employer with 50 or more employees, have worked there for at least 12 months, and have logged at least 1,250 hours in the past 12 months. The leave must be for a qualifying reason such as childbirth, adoption, or a serious health condition.

Is FMLA paid or unpaid?

FMLA leave is unpaid under federal law. However, employers may require — and employees may elect — to use accrued paid leave (such as PTO or sick leave) concurrently with FMLA leave. Some states have enacted separate paid family and medical leave programs.