Select Page

The Family and Medical Leave Act (FMLA) represents a significant piece of legislation designed to support employees during critical times of personal or family health issues. This act allows eligible employees to take up to 12 weeks of unpaid leave within a 12-month period. This guide aims to simplify the complexities of FMLA, making it more accessible and understandable, especially for high school students and those seeking a clear explanation.

Key Reasons for FMLA Leave

Employees can utilize FMLA leave for several important life events, including:

  • The birth of a child, adopting a child, or placing a child for foster care.
  • Caring for an immediate family member (such as a spouse, child, or parent) with a serious health condition.
  • Managing one’s own serious health condition that makes performing their job impossible.

Interestingly, the FMLA does not limit employees from receiving greater benefits if their state laws, collective bargaining agreements, or employer’s own policies provide for them. For example, if an employer offers paid leave as part of their benefits package, employees are entitled to use it.

Eligibility Criteria for FMLA

Employers Covered by the FMLA

The FMLA applies to:

  • Private sector employers with 50 or more employees for at least 20 weeks in the current or preceding year.
  • Public agencies, including local, state, and Federal employers, and schools.

Employee Eligibility Requirements

To be eligible for FMLA leave, an employee must:

  • Have worked for the employer for at least 12 months (which need not be consecutive).
  • Have completed at least 1,250 hours of work in the 12 months before starting the leave.
  • Work at a location where the employer has at least 50 employees within 75 miles.

Process for Requesting FMLA Leave

Medical Certification

Employers can request a certification from a health care provider to confirm the serious health condition of the employee or their family member. Employees are given at least 15 days to provide this certification. Failure to submit it on time can lead to denial or delay of the FMLA leave. Employers may also require a second or even a third opinion (at the employer’s expense) to verify the condition.

Serious Health Conditions Defined

A “serious health condition” includes:

  • Conditions requiring inpatient care or subsequent treatment.
  • Chronic conditions requiring continuing treatment by a healthcare provider.
  • Pregnancy or prenatal care.
  • Conditions that require an absence of more than three days from work, school, or other daily activities.
  • Long-term conditions for which treatment may not be effective.

Intermittent Leave

FMLA allows for intermittent leave or a reduced work schedule for medical treatment or serious health conditions. This can range from hourly leave to several weeks, as medically necessary. Employers may require certification for intermittent leave and may also transfer the employee temporarily to accommodate their schedule, following applicable laws and agreements.

Using Paid Leave with FMLA

Though FMLA leave is unpaid, employees may choose to use their accrued paid leave for FMLA reasons, or employers may require its use. Importantly, using paid leave for non-FMLA reasons doesn’t impact an employee’s right to the full 12 weeks of FMLA leave.

Determining FMLA Eligibility

Employer’s Role in FMLA Leave

It falls upon the employer to determine if an employee’s requested leave qualifies under the FMLA. Employees must provide sufficient details to enable this decision, not necessarily specifying the request as FMLA leave but giving enough information to demonstrate eligibility.

Requesting FMLA Leave

Advance Notice: When foreseeable, employees should provide at least 30 days’ notice for FMLA leave. Failure to give this advance notice without a valid excuse can lead to a delay in leave up to 30 days.

Emergency Situations: In emergencies, notification should occur as quickly as possible. State laws or collective bargaining agreements may adjust these notice requirements, so it’s wise to consult with legal counsel or union representatives if unsure.

Returning to Work After FMLA

Medical Certification

Employers may require a medical certification to return to work, particularly if the leave was for the employee’s health condition. This requirement must be communicated in advance and comply with privacy protections under the Americans with Disabilities Act (ADA).

Health Benefits During Leave

Though FMLA leave is unpaid, health benefits must continue as if the employee were not on leave. Both employee and employer continue to pay their share of health premiums. However, if an employee decides not to return to work, the employer may recoup these premiums under certain conditions.

Impact on Employment

Job Position Post-Leave

Upon returning from FMLA leave, an employee is generally entitled to their original job or an equivalent position with the same pay, benefits, and terms of employment.

Effect on Employee Benefits

All benefits accrued prior to the leave must be restored upon return. FMLA leave does not interrupt benefits like health insurance, life insurance (subject to certain conditions), and accrual of seniority for retirement plans.

Seniority and Benefits

Seniority, as it relates to retirement plans and other benefits, continues to accumulate during FMLA leave. For other aspects like promotions or vacation accrual, FMLA does not mandate seniority accrual unless required by state law or collective bargaining agreements. However, if paid leave is used in place of FMLA leave, seniority accrues for all purposes during this time.

Understanding Your Rights Under the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law providing eligible employees with the right to take up to 12 weeks of unpaid leave within a 12-month period for certain family and medical reasons. This guide aims to clarify what actions by employers are considered unlawful under the FMLA, what employees can do if their rights are violated, and other important considerations related to FMLA leave.

Unlawful Employer Actions Under FMLA

The FMLA sets specific obligations for employers, and failing to meet these can be considered unlawful. Here are key actions that are prohibited:

  • Denying FMLA Leave: Employers cannot refuse to grant FMLA leave to eligible employees.
  • Neglecting Health Benefits: During FMLA leave, employers must continue providing health benefits as if the employee were not on leave.
  • Improper Job Reinstatement: Upon returning from FMLA leave, employees are entitled to their original job or a nearly identical one in terms of pay, benefits, and other employment terms.
  • Discrimination or Retaliation: It is illegal to discriminate against employees for requesting or taking FMLA leave, or to retaliate against those who file a complaint or participate in an investigation related to FMLA.
  • Failure to Communicate: Employers must inform employees of their FMLA rights and cannot fail to keep required records or post necessary notices.
  • Workforce Manipulation: Employers cannot manipulate their workforce in order to avoid FMLA obligations.

If Your FMLA Rights Are Violated

Seeking Legal Assistance

If you believe your employer has violated your FMLA rights, it’s crucial to seek legal help promptly. Though complaints must be filed within two years of the violation, early action can prevent complications. Successful lawsuits may result in monetary damages, job reinstatement, and coverage of legal fees and costs.

After FMLA Leave: Medical Restrictions and Job Changes

Accommodations Under the ADA

If returning from FMLA leave with medical restrictions, you may be protected under the Americans with Disabilities Act (ADA), provided you can perform your job’s essential functions with reasonable accommodation. Sometimes, FMLA leave itself is considered a reasonable accommodation under the ADA.

Job Requirement Changes During FMLA Leave

Employers must still reinstate employees to an equivalent position, even if job requirements have changed during FMLA leave. They must also offer any necessary training or evaluations missed due to leave.

Layoffs During FMLA Leave

If a layoff occurs while on FMLA leave, and it’s unrelated to the leave itself (such as a company-wide reduction or facility closure), the right to job reinstatement may not apply. However, employees should be treated equally to their colleagues in terms of layoff procedures, including severance pay. Be alert for any “pretexts” given by employers to disguise illegal actions.

FMLA Leave and Absences

While on FMLA leave, these periods may be counted as absences, but they cannot be used against you for disciplinary actions. This protection ensures that taking FMLA leave does not negatively impact your employment standing.

Final Thoughts

The FMLA offers crucial protections for employees dealing with significant medical or family matters, ensuring they can take needed leave without fearing for their jobs. Understanding your rights and responsibilities under the FMLA can empower you to navigate these situations more effectively. If you encounter issues or suspect your rights have been violated, don’t hesitate to seek legal assistance. Remember, the law is there to protect your right to balance work and personal health or family needs.


J. Horowitz
J. Horowitz

J. Horowitz leverages over two decades of experience as a seasoned employment law attorney in Arizona to offer insightful freelance writing on the same subject. After a successful career advocating for fairness and justice in the workplace, J. now dedicates his expertise to writing comprehensive articles, blog posts, and thought leadership pieces that illuminate the complexities of employment law.