TranslateAbout the Family and Medical Leave Act (FMLA)
How can I protect my job when I'm sick?
The Family and Medical Leave Act (FMLA) protects your job while you're on leave. You can take leave if you're sick, caring for a family member, or having a new baby. The US Federal Government requires most employers to allow this. Some States offer additional coverage over the Federal requirements.
Is FMLA paid leave?
The FMLA only requires unpaid leave. However, the law permits you to use paid vacation or sick leave for some or all of the FMLA leave. An employer may require you to use paid time off before taking unpaid FMLA leave. You must follow the employer's usual rules for using paid leave. When paid leave is used for an FMLA-covered reason, your job is FMLA-protected.
FMLA is a Federal law, and States must provide at least
what the regulations specify. States have their own laws that may go above what the Federal regulations require.
Thirteen states (California, Connecticut, Massachusetts, New Jersey, New York, Rhode Island, Washington, Colorado, Delaware, Maine, Maryland, Minnesota, and Oregon) and the District of Columbia have mandatory paid family leave. Eight more states have voluntary systems that provide paid family leave through private insurance. Of the 22 state medical leave laws, 18 have started, and four are not yet in effect as of January 2024. Check with your state to see your options.
The federal FMLA only covers employers with 50 employees or more. Still, State law may include small employers—check with your state to see what they require.
What is the difference between FMLA and State PFML - check here to see current information for each state.
How much time can I take off using FMLA leave?
- Twelve workweeks of leave in 12 months or
- Twenty-six workweeks of leave in 12 months to care for a covered service member
- Check with your State to see if more time is allowed
Do I have to take leave all at once, or can it be used to reduce my schedule?
You may take FMLA leave in separate blocks when medically needed. You may use a reduced leave schedule to shorten the weekly or daily work schedule. When you need planned medical leave, you must try to schedule it to not disrupt the employer's operation.
Can my employer change my job when I take intermittent or reduced schedule leave?
Yes. Your employer may move you to a job with equal pay and benefits to make your leave easier than in your regular job. The job change may be short-term.
What if I've used all my FMLA leave?
When you use twelve weeks of FMLA leave and cannot return to work, you may get time off under the Americans with Disabilities Act (ADA). That is if your employer has enough workers and your time off does not cause undue hardship. This may be a "reasonable accommodation". In some cases, your employer may be permitted to terminate your employment.
Who are Covered Employers for FMLA?
- Public Agencies, including local, State, and Federal employers and local education agencies (schools); and
- Private Employers with 50+ workers for at least 20 work weeks in the current or last calendar year. This includes joint employers and successors of covered employers.
Who can take FMLA leave under Federal rules?
To be eligible to take leave under the FMLA, an employee must:
- Work for a covered employer;
- Have worked 1,250 hours during the 12 months before the start of leave, not including time off. Special rules apply to airline flight crew members;
- work where the employer has 50+ employees within 75 miles and;
- have worked for the employer for 12 months. The 12 months of employment do not have to be consecutive.
- Check with your state to see if the rules differ from those of the federal government.
What is a serious health condition?
The most common serious health conditions that qualify for FMLA leave are:
- conditions needing an overnight stay in a hospital or medical care facility;
- issues where you or a family member are unable to work or attend school three days in a row and need medical care;
- chronic conditions where you or your family member can't work and needs treatment at least twice a year, and;
- pregnancy (including doctor's appointments, severe morning sickness, and bed rest).
Can I continue to use FMLA for leave due to my severe chronic health condition, like HCM?
Yes. You can use FMLA leave for any time of impairment or treatment of a severe chronic health condition. The rules define a chronic serious health condition as one that:
- Requires "periodic visits" (2+ times yearly) to a health care provider,
- Continues for a long time,
- It may cause episodic rather than continuing periods of incapacity.
Am I required to prove that I have a serious health condition?
An employer may require certification from a healthcare provider. The employer must give at least 15 calendar days to get the medical certificate.
What if my employer says my medical certification is incomplete?
An employer must tell you if the certification is incomplete and allow you a chance to add information. The employer must state in writing what extra information is needed to complete the certification. They must allow you at least seven calendar days to get the information. If you need more than seven days despite your good-faith efforts, this is allowed.
Can my employer make me get a second medical opinion?
Yes. If an employer doubts your medical certification, they may require a second or third opinion, which they must pay for.
Do I have to give my employer my complete medical records?
No. An employee is not required to give the employer their complete medical records. The employer can ask for medical certification with enough facts to show that a serious health condition exists.
How soon after I ask for leave does my employer have to request a medical certification?
An employer should request medical certification when an employee gives notice of the need for leave. They may take up to five business days. If leave is unplanned, the employer should request certification within five days after leave starts.
An employer may request certification later if they question the validity or duration of the leave.
May my employer contact my healthcare provider about my serious health condition?
Yes. If the person contacting the healthcare provider is NOT your direct supervisor, they may contact the provider to clarify the medical certification.
You must give written permission for your healthcare provider to give your health information to an employer. Employers may only ask for information on the medical certification form.
Must I sign a medical release as part of a medical certification?
No. An employer may not require you to sign a release as part of the medical certification. Allowing your employer to see your health information is at your discretion. When an employer requests a medical certification, you must give them a complete certification. You may also allow the healthcare provider to give enough information for the certification. Otherwise, the employer may deny your request for FMLA leave.
How often may my employer ask for medical certifications for an ongoing serious health condition?
Regulations allow recertification every 30 days unless the condition lasts over 30 days. There are some exceptions. Please see the references page for more details.
Can my employer move me to a different job when I return from FMLA leave?
On return from leave, the FMLA requires that the employer give you the same job or one that is nearly the same.
If not returned to the same job, a nearly identical job must have:
- the same shift or work schedule, and be somewhere that does not cause a lot more commute time or distance;
- the same or similar duties, responsibilities, and status;
- the same level of skill, effort, responsibility, and authority;
- the same pay, overtime, bonuses, profit-sharing, or other payments; and
- the same benefits (such as life, health, disability insurance, sick leave, vacation, education, pensions, etc.).
What and when must I tell my employer if I plan to take FMLA leave?
To use FMLA leave, you must give a 30-day advance notice if you know in advance and such notice is possible. If you have less than 30 days' notice, you must give notice on the same day or the next business day. You must follow the employer's usual rules for requesting leave unless there are unusual circumstances.
You must give enough information for an employer to know if the FMLA may apply to the leave request. Such information would include why you are unable to work.
When requesting leave for an FMLA-qualifying reason for the first time, you need not ask for FMLA rights. When you seek leave for an FMLA-qualifying reason and have had past FMLA leave for the same reason, you must give the reason for the leave.