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Federal Leave Laws: FMLA and Your Rights

Federal leave laws protect workers who need time off for medical reasons, family caregiving, or military family obligations. The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for qualifying reasons. While FMLA is the primary federal leave law, other protections exist through the Americans with Disabilities Act, Pregnancy Discrimination Act, and military service member laws. Many states provide stronger leave protections including paid leave, lower employer size thresholds, and expanded qualifying reasons.

The Family and Medical Leave Act: Foundation of Federal Leave Rights

The Family and Medical Leave Act, enacted in 1993, is the primary federal law providing job-protected leave for medical and family reasons. The FMLA balances workers’ needs for leave with employers’ needs for workforce stability by providing unpaid leave with job protection and benefits continuation.

Before FMLA, workers had no federal right to take medical or family leave without risking their jobs. Employees faced impossible choices between caring for seriously ill family members or keeping their employment. New parents had no guaranteed time to bond with children. Workers with serious health conditions lost jobs when they needed treatment.

The FMLA changed this by establishing a federal floor of leave protections. While the law doesn’t require paid leave, it ensures eligible workers can take necessary time off without losing their jobs or health insurance.

Who Is Covered by FMLA

FMLA applies to three categories of employers:

Private sector employers: Companies with 50 or more employees within 75 miles of the worksite for at least 20 workweeks in the current or preceding calendar year

Public agencies: All public agencies (federal, state, and local government) regardless of number of employees

Schools: All public and private elementary and secondary schools regardless of number of employees

The 50-employee threshold means FMLA doesn’t cover small businesses. Approximately 60% of American workers work for FMLA-covered employers. Workers at smaller companies have no federal leave protections, though state laws may provide coverage.

Employee Eligibility Requirements

Not all employees of covered employers qualify for FMLA. You must meet three requirements:

1. Work for a covered employer: Your employer must have 50+ employees within 75 miles, be a public agency, or be a school

2. Work 1,250 hours in the past 12 months: This averages about 24 hours per week over a year. Part-time employees can qualify if they work enough hours.

3. Work at a location with 50+ employees within 75 miles: Even if your company employs hundreds of people nationally, you’re not eligible if your specific worksite has fewer than 50 employees within a 75-mile radius

These requirements mean some employees of covered employers don’t qualify for FMLA. New employees, part-time workers with insufficient hours, and employees at small, remote worksites may be ineligible.

Example: Sarah works at a retail chain with 200 stores and 10,000 total employees. However, her store has only 12 employees and the nearest other store is 90 miles away. Sarah is not eligible for FMLA despite working for a large company, because there aren’t 50 employees within 75 miles of her worksite.

Source: U.S. Department of Labor – FMLA

Twelve Weeks of FMLA Leave: Qualifying Reasons

Eligible employees can take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specific qualifying reasons.

Serious Health Condition (Employee)

You can take FMLA leave for your own serious health condition that makes you unable to perform your job functions. A serious health condition involves inpatient care or continuing treatment by a healthcare provider.

Inpatient care includes any overnight stay in a hospital, hospice, or residential medical care facility, plus any period of incapacity or treatment connected to that inpatient care.

Continuing treatment covers conditions involving:

  • A period of incapacity of more than three consecutive days plus two or more treatments by a healthcare provider
  • A period of incapacity due to pregnancy or prenatal care
  • A period of incapacity or treatment for a chronic serious health condition
  • A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective
  • Any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in incapacity of more than three days if not treated

Common examples include cancer treatment, heart conditions, back problems requiring surgery, pregnancy complications, and chronic conditions like diabetes or epilepsy requiring ongoing treatment.

Ordinary illnesses like colds, flu, earaches, or routine dental work typically don’t qualify unless complications develop. The condition must be serious enough to require ongoing medical treatment or inpatient care.

Serious Health Condition (Family Member)

You can take FMLA leave to care for a spouse, child, or parent with a serious health condition. The same definition of “serious health condition” applies.

Covered family members:

  • Spouse: Husband or wife as recognized under state law where married (includes same-sex spouses)
  • Son or daughter: Biological, adopted, foster child, stepchild, legal ward, or child of person standing in loco parentis, under age 18 or age 18 or older and incapable of self-care due to mental or physical disability
  • Parent: Biological, adoptive, step, or foster parent, or person who stood in loco parentis when you were a child (does NOT include parents-in-law)

Note that FMLA does not cover leave to care for siblings, grandparents, grandchildren, or in-laws. Many states expand this definition to include additional family members.

You must actually be needed to provide care. “Care” includes providing physical or psychological care, arranging for third-party care, providing transportation to medical appointments, or providing comfort and reassurance that would benefit the family member.

Example: David’s mother is diagnosed with cancer requiring chemotherapy. David takes FMLA leave to drive her to treatments, help manage side effects, and provide emotional support. This qualifies as caring for a parent with a serious health condition.

Birth and Care of Newborn Child

You can take FMLA leave for the birth of your child and to care for and bond with the newborn within one year of birth. Both mothers and fathers (including same-sex couples) can take this leave.

Birth mother leave often involves both recovery from childbirth (her own serious health condition) and bonding with the baby. Fathers and non-birth parents can take the full 12 weeks for bonding, though they cannot take leave for pregnancy or childbirth recovery unless they have their own serious health condition.

FMLA leave for birth and bonding must be taken within one year of the child’s birth. After that year, the entitlement expires.

If both parents work for the same employer, the employer can limit their combined leave to 12 weeks total for birth and bonding (though each parent gets 12 weeks for other FMLA reasons).

Adoption or Foster Care Placement

You can take FMLA leave for placement of a child for adoption or foster care, and to bond with that child within one year of placement.

The same rules apply as for newborn bonding:

  • Leave must be taken within one year of placement
  • Both adoptive/foster parents can take leave
  • If both parents work for same employer, combined leave can be limited to 12 weeks

This ensures adoptive and foster parents receive the same bonding opportunities as biological parents.

Qualifying Exigency (Military Family)

If your spouse, child, or parent is a covered military member on covered active duty or called to covered active duty, you can take FMLA leave for qualifying exigencies arising from that deployment.

Covered military members include members of the National Guard, Reserves, and Regular Armed Forces deployed to foreign countries.

Qualifying exigencies include:

  • Short-notice deployment (seven or fewer days of notice)
  • Military events and related activities (official ceremonies, programs, events)
  • Childcare and school activities (arranging alternative care, attending meetings with school staff)
  • Financial and legal arrangements (making powers of attorney, updating wills, accessing military benefits)
  • Counseling (attending counseling related to active duty)
  • Rest and recuperation (spending time with service member on short-term leave)
  • Post-deployment activities (attending arrival ceremonies, addressing issues arising from death of service member)
  • Additional activities agreed upon by employer and employee

This leave recognizes the unique challenges military families face during deployments.

Source: DOL FMLA Fact Sheet

Twenty-Six Weeks Military Caregiver Leave

In addition to the standard 12 weeks of FMLA leave, eligible employees can take up to 26 workweeks in a single 12-month period to care for a covered service member with a serious injury or illness.

Who Qualifies for Military Caregiver Leave

You can take military caregiver leave if you are the spouse, son, daughter, parent, or next of kin of a covered service member. “Next of kin” is the nearest blood relative other than spouse, parent, son, or daughter, in the following order of priority: blood relatives granted legal custody, siblings, grandparents, aunts and uncles, and first cousins.

This broader family definition recognizes that service members may not have traditional family structures and ensures someone can take leave to provide care.

Covered Service Members

Current service members: Members of the Armed Forces, National Guard, or Reserves undergoing medical treatment, recuperation, or therapy, on outpatient status, or on the temporary disability retired list, for a serious injury or illness incurred in the line of duty while on active duty.

Veterans: Individuals who were members of the Armed Forces, National Guard, or Reserves at any time during the five years preceding treatment and who are undergoing medical treatment, recuperation, or therapy for a serious injury or illness incurred or aggravated in the line of duty.

Serious Injury or Illness

For current service members, a serious injury or illness means one that was incurred in the line of duty on active duty that may render the member medically unfit to perform their duties.

For veterans, it includes injuries or illnesses incurred or aggravated in the line of duty that manifested before or after leaving service and is:

  • A continuation of a serious injury or illness incurred or aggravated in the line of duty on active duty
  • A physical or mental condition for which the veteran has received a VA Service Related Disability Rating of 50% or greater
  • A physical or mental condition that substantially impairs the veteran’s ability to secure or follow a substantially gainful occupation

Qualifying conditions include traumatic brain injury, PTSD, severe burns, amputations, and other serious injuries from combat or service.

The 26-Week Entitlement

The 26 weeks is a per-service member, per-injury entitlement. This means:

  • You get 26 weeks per covered service member
  • If caring for multiple service members, you could potentially take 26 weeks for each
  • The 26 weeks is available once per service member per serious injury or illness
  • If the same service member has a new serious injury or illness, you may be entitled to another 26-week period

During the single 12-month period when you take military caregiver leave, your FMLA entitlement is 26 weeks total (not 26 weeks plus 12 weeks). However, only 12 weeks of that can be used for non-military-caregiver FMLA reasons.

Example: Lisa’s son is severely injured while deployed in Afghanistan. Lisa takes 20 weeks of military caregiver leave to care for him during recovery at Walter Reed Medical Center. During that same 12-month period, Lisa’s mother has a stroke. Lisa can take up to 6 additional weeks for her mother (bringing her total to 26 weeks), but cannot take any more leave for other FMLA reasons until the 12-month period restarts.

Source: DOL Military Family Leave

Job Protection and Benefits Continuation Under FMLA

FMLA provides two critical protections: your job is protected while you’re on leave, and your employer must maintain your health insurance.

Job Restoration Rights

Upon return from FMLA leave, your employer must restore you to your same position or an equivalent position with equivalent pay, benefits, and terms and conditions of employment.

Same position means the exact same job you had before leave. Most employees return to their same position.

Equivalent position must be virtually identical to your previous job in terms of:

  • Pay (same rate and schedule of increases)
  • Benefits (same or equivalent health insurance, pension, bonuses, etc.)
  • Working conditions (same shift, same general duties, same supervisor or equivalent supervisor)
  • Privileges of employment (same seniority, status, career advancement opportunities)
  • Location (within reasonable commuting distance)

You cannot be required to accept a lesser position, reduced pay, or worse working conditions because you took FMLA leave.

Benefits Continuation

Your employer must maintain group health insurance coverage during FMLA leave on the same terms as if you continued working. If you paid a portion of your health insurance premium before leave, you must continue paying that portion during leave.

Employers can recover health insurance premiums paid during leave if:

  • You fail to return from leave after the leave entitlement is exhausted
  • AND you don’t return for a reason other than a continuing serious health condition or circumstances beyond your control

If you don’t return because your serious health condition continues or because of circumstances beyond your control (layoff, plant closing, etc.), the employer cannot recover premiums.

Other benefits like accrual of seniority, pension benefits, or paid time off may be governed by employer policy or collective bargaining agreement. Generally, you don’t continue accruing these benefits during unpaid FMLA leave, but you don’t lose benefits already accrued.

Key Employee Exception

A very limited exception exists for “key employees”—salaried employees who are among the highest-paid 10% of employees within 75 miles of their worksite. Employers can deny job restoration to key employees if:

  • Restoration would cause substantial and grievous economic injury to the employer
  • The employer notifies the employee that denial is intended and employee chooses not to return

This exception is narrow and rarely used. Even key employees are entitled to take FMLA leave; only job restoration can be denied under very limited circumstances.

Protection from Retaliation and Interference

Federal law prohibits employers from:

Interference: Denying FMLA rights, discouraging use of FMLA leave, or manipulating rules to avoid FMLA obligations

Retaliation: Discriminating or retaliating against employees for taking FMLA leave or opposing FMLA violations

Common illegal retaliation includes:

  • Firing, demoting, or disciplining employees who take FMLA leave
  • Counting FMLA leave as attendance violations
  • Reducing hours or pay upon return from leave
  • Creating hostile work environment to punish leave-takers
  • Refusing to promote employees because they took FMLA leave

You’re protected even if you ultimately don’t qualify for FMLA, as long as you had a good faith belief you were entitled to leave.

Source: DOL FMLA Job Protections

How to Request FMLA Leave

Understanding the proper process for requesting FMLA leave protects your rights and ensures compliance with employer requirements.

Providing Notice to Your Employer

You must provide notice of your need for FMLA leave. The notice requirements vary based on whether leave is foreseeable.

Foreseeable leave (planned medical treatment, expected birth, scheduled adoption):

  • Provide at least 30 days advance notice
  • If 30 days isn’t possible (treatment scheduled sooner), provide notice as soon as practicable
  • Generally means providing notice within one or two business days of learning of need for leave

Unforeseeable leave (emergency medical situation, unexpected serious health condition):

  • Provide notice as soon as practicable
  • Generally means same day or next business day after learning of need for leave
  • Employee or representative should contact employer when possible

You don’t have to specifically mention “FMLA” or cite the statute. You must provide enough information for the employer to understand you need leave for an FMLA-qualifying reason.

Sufficient notice examples:

  • “I need to take time off for childbirth and recovery”
  • “My father had a heart attack and I need to care for him”
  • “I’m having surgery and will need several weeks to recover”
  • “My serious back condition is flaring up and I can’t work”

Medical Certification Requirements

Employers can require medical certification to support requests for FMLA leave related to serious health conditions. Employers must allow at least 15 calendar days to provide certification.

The Department of Labor provides optional medical certification forms (WH-380 series) that employers can use or adapt:

  • WH-380-E: Employee’s serious health condition
  • WH-380-F: Family member’s serious health condition
  • WH-381: Military caregiver leave
  • WH-384: Qualifying exigency leave

Required information in medical certifications:

  • Healthcare provider’s contact information
  • Date condition began
  • Probable duration of condition
  • Relevant medical facts about condition
  • Statement that employee is needed to care for family member (for family leave)
  • Estimate of time needed for leave

Medical certifications must be completed by licensed healthcare providers. Employers can contact healthcare providers (through HR, not employee’s supervisor) to authenticate or clarify certifications, but cannot ask for additional information beyond what the form requests.

If certification is incomplete or insufficient, employers must notify employees and allow at least seven days to correct deficiencies.

Designation of Leave as FMLA

Once you provide sufficient information that leave is for an FMLA-qualifying reason, your employer must determine if the leave qualifies as FMLA leave and notify you of the designation.

Employers have five business days from when they have sufficient information to designate leave as FMLA-qualifying or FMLA-protected. This designation notice must inform you:

  • Whether leave is FMLA-qualifying
  • How much leave will be counted against your 12-week (or 26-week) entitlement
  • Requirements for medical certification
  • Your right to substitute paid leave
  • Requirements for payment of health insurance premiums
  • Your job restoration rights
  • Whether you’re a key employee

Some employers retroactively designate leave as FMLA after the fact. Courts have held this is permissible if the employer didn’t have sufficient information earlier to know the leave was FMLA-qualifying.

Using Paid Leave During FMLA

FMLA leave is unpaid, but employers can require (or employees can choose) to substitute accrued paid leave for unpaid FMLA leave.

Employer requirements: Employers can require employees to use accrued vacation, personal leave, or sick leave (if the illness qualifies under the employer’s leave policy) during FMLA leave.

Employee choice: If the employer doesn’t require it, employees can choose to use paid leave to continue receiving pay during FMLA leave.

Paid leave runs concurrently: When paid leave is used during FMLA leave, both run at the same time. You don’t get paid leave plus FMLA leave—the paid leave counts against your 12-week FMLA entitlement.

Some employers have waiting periods before new parents can use paid parental leave. The FMLA prohibits employers from making employees delay FMLA leave to access paid leave programs. If you need to start FMLA leave immediately, your employer cannot require you to wait for paid leave eligibility.

Intermittent and Reduced Schedule Leave

FMLA leave doesn’t have to be taken all at once. You can take leave intermittently (in separate blocks of time) or on a reduced leave schedule (working fewer hours per day or week).

When intermittent/reduced leave is available:

For serious health conditions (yours or family member’s), intermittent or reduced schedule leave is available when medically necessary as determined by a healthcare provider.

For birth, adoption, or foster care placement, intermittent or reduced schedule leave is available only if your employer agrees.

For military caregiver leave and qualifying exigency leave, intermittent or reduced schedule leave is available when medically necessary or when the nature of the exigency requires it.

How it’s calculated: When you take intermittent or reduced schedule leave, the amount of leave used is calculated based on the time you would normally work. If you normally work 40 hours per week and take 8 hours of FMLA leave in a week, that’s 1/5 of a week (1 day) of your 12-week entitlement.

Employers can temporarily transfer employees taking intermittent or reduced schedule leave to alternative positions with equivalent pay and benefits that better accommodate the leave schedule.

Source: DOL FMLA Leave Protections

Other Federal Leave Protections

While FMLA is the primary federal leave law, other federal laws provide leave-related protections in specific circumstances.

Americans with Disabilities Act (ADA)

The ADA requires employers with 15 or more employees to provide reasonable accommodations to qualified individuals with disabilities. Leave can be a reasonable accommodation.

Key differences from FMLA:

  • ADA applies to smaller employers (15+ vs. 50+)
  • ADA covers “qualified individuals with disabilities,” not all serious health conditions
  • ADA leave is unpaid and has no set duration—must be reasonable
  • ADA doesn’t require restoration to same position—just an available position
  • ADA leave may extend beyond FMLA’s 12 weeks if reasonable

When both laws apply, you’re entitled to protections under both. Some employees use 12 weeks of FMLA leave, then request additional leave as an ADA accommodation.

Example: Marcus has cancer and uses 12 weeks of FMLA leave for treatment. His doctor says he needs 4 more weeks before returning to work. Because cancer is an ADA disability, Marcus can request the additional 4 weeks as a reasonable accommodation. His employer must grant it unless it creates undue hardship.

Pregnancy Discrimination Act (PDA)

The PDA amended Title VII to prohibit discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnancy-related conditions the same as other medical conditions for all employment-related purposes, including leave.

If your employer provides leave for medical conditions, it must provide leave for pregnancy-related conditions. If employees with broken legs get light duty assignments, pregnant employees needing light duty must get them too.

The PDA ensures pregnancy gets the same treatment as other medical conditions but doesn’t create independent leave rights beyond what the employer provides for other conditions.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA protects service members’ employment rights when they take leave for military service. Employees who leave jobs for military service are entitled to:

  • Reemployment in their previous position or a position with like seniority, status, and pay
  • Continuation of health insurance for up to 24 months (employee pays)
  • Protection from discharge without cause for certain periods after reemployment

USERRA applies to all employers regardless of size and covers National Guard, Reserve, and active duty service.

Federal Employee Leave Programs

Federal employees have different leave rights than private sector workers:

Federal Employees Family Friendly Leave Act: Provides 12 weeks of paid parental leave for birth, adoption, or foster care placement (since October 2020)

Federal sick leave and annual leave: Federal employees accrue sick leave and annual leave (vacation) that can be used for medical situations

Voluntary leave transfer and leave bank programs: Allow federal employees to donate leave to coworkers facing medical emergencies

These programs are more generous than FMLA for federal workers but don’t apply to private sector employees.

Source: DOL ADA and FMLA, EEOC Pregnancy Discrimination

State Leave Laws Provide Stronger Protections

Many states have leave laws that exceed federal protections. When both state and federal law apply, you receive the protections most favorable to you.

Common Ways States Exceed Federal Law

Lower employer size thresholds: Many state family leave laws apply to employers with 5, 20, or 25 employees instead of FMLA’s 50

Paid leave programs: At least 13 states and DC have paid family and medical leave programs funded through payroll taxes

Longer leave duration: Some states provide more than 12 weeks of leave

Broader family definitions: Many states cover leave to care for grandparents, grandchildren, siblings, parents-in-law, and domestic partners

More qualifying reasons: State laws may cover safe leave for domestic violence victims, bereavement leave, or organ donation

Additional pregnancy protections: Some states require pregnancy disability leave separate from family leave, providing up to 7 months total protected leave

Stronger job protections: Some states prohibit employers from requiring employees to exhaust paid leave before taking unpaid leave

States with Paid Family Leave Programs

As of 2025, these jurisdictions have paid family and medical leave programs:

California: Up to 8 weeks at 60-70% wage replacement (up to cap)
Colorado: Up to 12 weeks at varying replacement rates
Connecticut: Up to 12 weeks at varying replacement rates
Delaware: Up to 12 weeks at varying replacement rates
District of Columbia: Up to 12 weeks at varying replacement rates
Maine: Up to 12 weeks at varying replacement rates
Maryland: Up to 12 weeks at varying replacement rates
Massachusetts: Up to 12 weeks family leave, 20 weeks medical leave
New Jersey: Up to 12 weeks at varying replacement rates
New York: Up to 12 weeks at varying replacement rates (increasing coverage)
Oregon: Up to 12 weeks at varying replacement rates
Rhode Island: Up to 5 weeks at varying replacement rates (family leave; additional weeks for temporary disability)
Washington: Up to 12 weeks at varying replacement rates

These programs dramatically improve on federal law by providing wage replacement during leave, making it financially feasible for workers to take needed time off.

State-Specific Leave Law Guides

Select your state below to learn about state-specific leave laws, paid family leave programs, and protections that exceed federal FMLA:

West Coast States

  • leave laws
  • Washington – Leave Laws Hub – Washington Family Leave, Paid Family and Medical Leave, Paid Sick Leave
  • Oregon – Leave Laws Hub – Oregon Family Leave Act, Paid Family Leave, Paid Sick Leave

Northeast States

  • leave laws
  • Pennsylvania – Leave Laws Hub – Limited state protections, FMLA applies
  • Massachusetts – Leave Laws Hub – Massachusetts Paid Family and Medical Leave, Parental Leave Act, Earned Sick Time

Southern States

  • leave laws
  • Florida – Leave Laws Hub – Limited state protections, domestic violence leave
  • Georgia – Leave Laws Hub – Limited state protections beyond FMLA
  • North Carolina – Leave Laws Hub – Limited state protections, civil leave rights

Midwest States

  • Illinois – Leave Laws Hub – School Visitation Rights Act, Victims’ Economic Security and Safety Act
  • Ohio – Leave Laws Hub – Limited state protections beyond FMLA

FMLA Enforcement and Remedies

If your employer violates your FMLA rights, federal law provides remedies through Department of Labor enforcement and private lawsuits.

Filing a Complaint with the Department of Labor

The Wage and Hour Division (WHD) of the Department of Labor investigates FMLA violations. Filing a complaint is free and doesn’t require an attorney.

How to file: Online, by phone (1-866-4US-WAGE), in person at any WHD office, or by mail

Investigation process: WHD reviews your complaint, requests employer records, interviews witnesses, and determines if violations occurred

Remedies WHD can secure:

  • Back pay for lost wages during unlawful denial of leave
  • Reinstatement to position
  • Promotion if wrongly denied due to FMLA leave
  • Payment of lost benefits

WHD cannot award liquidated damages or compensatory damages for emotional distress. For these remedies, you must file a private lawsuit.

Filing a Private FMLA Lawsuit

Employees can file private lawsuits under the FMLA. You don’t have to file a WHD complaint before suing.

Available remedies in private lawsuits:

  • Back pay and lost benefits
  • Liquidated damages equal to back pay (double damages)
  • Front pay if reinstatement is not viable
  • Attorney’s fees and costs
  • Reinstatement to position

Liquidated damages double your recovery. If you lost $10,000 in wages due to FMLA interference, you can recover $20,000 total. Employers can avoid liquidated damages only by proving they acted in good faith and had reasonable grounds to believe they weren’t violating FMLA.

Statute of limitations: File within two years of the violation, or three years for willful violations

Collective actions: Multiple employees can join together in collective actions when an employer has a pattern of FMLA violations

Many employment attorneys handle FMLA cases on contingency (no fee unless you win) because the fee-shifting provision requires employers to pay employees’ attorney’s fees.

Common FMLA Violations and Remedies

Denied leave: Employer refuses to grant FMLA leave to eligible employee for qualifying reason
Remedy: Back pay for period of denied leave, reinstatement if fired

Failure to restore position: Employer doesn’t return employee to same or equivalent position after FMLA leave
Remedy: Reinstatement to proper position, back pay for difference in wages, liquidated damages

Retaliation: Employer fires, demotes, or disciplines employee for taking FMLA leave
Remedy: Reinstatement, back pay, liquidated damages, emotional distress damages

Discouragement: Employer discourages or interferes with exercise of FMLA rights
Remedy: Damages for losses caused by interference

Improper medical certification demands: Employer demands excessive medical information or contacts healthcare provider improperly
Remedy: Injunction preventing practice, damages if denial resulted

Example: Jennifer took 8 weeks of FMLA leave for cancer treatment. Two months after returning to work, her employer fired her, claiming budget cuts required eliminating her position. Jennifer’s position wasn’t eliminated—it was filled by someone else. Jennifer sued for FMLA retaliation. She recovered $45,000 in back pay, $45,000 in liquidated damages, plus attorney’s fees totaling $25,000. Total recovery: $115,000.

Source: DOL FMLA Enforcement

Frequently Asked Questions About Federal Leave Laws

Can my employer deny FMLA leave if I don’t have enough employees nearby?

Yes. FMLA requires 50 employees within 75 miles of your worksite. If your location doesn’t meet this threshold, you’re not eligible for federal FMLA protection even if your company employs thousands of people in other locations. Check if your state has leave laws with lower thresholds.

Does FMLA provide paid leave?

No. FMLA leave is unpaid. However, you can use accrued paid leave (vacation, sick time, personal days) during FMLA leave, and some states have paid family leave programs that provide wage replacement during leave. FMLA ensures your job is protected and health insurance continues, but doesn’t require your employer to pay your wages.

Can I take FMLA leave for mental health conditions?

Yes. Mental health conditions can qualify as serious health conditions under FMLA if they meet the definition of requiring continuing treatment or inpatient care. Depression, anxiety disorders, PTSD, bipolar disorder, and other mental health conditions that require ongoing therapy or medication and cause incapacity qualify for FMLA leave.

What if I need more than 12 weeks of leave?

FMLA provides 12 weeks maximum (or 26 weeks for military caregiver leave). If you need more, consider requesting additional leave as a reasonable accommodation under the ADA if you have a disability. Some state laws provide longer leave periods. Employers are not federally required to grant leave beyond FMLA limits unless doing so is required by state law or as an ADA accommodation.

Can my employer force me to take FMLA leave?

No. While employers can designate leave as FMLA-qualifying when you take leave for FMLA reasons, they cannot force you to take FMLA leave when you don’t want or need it. Employers sometimes try to designate all absences as FMLA to exhaust employees’ 12-week entitlement. This is illegal if the absences don’t qualify as FMLA leave.

Do I get paid for holidays that occur during FMLA leave?

It depends on your employer’s policy. If your employer closes for a holiday and you would have been paid for that day if working, that day doesn’t count against your FMLA entitlement. If your employer operates on holidays and you would have worked but for FMLA leave, whether you’re paid depends on your employer’s holiday pay policy for employees on unpaid leave.

Can I be fired while on FMLA leave?

Generally no, but there are exceptions. You cannot be fired because you took FMLA leave. However, if you would have been fired regardless of the leave (for example, company-wide layoffs that would have included you), FMLA doesn’t protect you from that non-retaliatory termination. The employer must prove you would have been fired anyway.

Does FMLA protect my job if I can’t return after 12 weeks?

FMLA job protection ends when your 12-week entitlement (or 26-week military caregiver entitlement) is exhausted. If you cannot return after using all FMLA leave, you may qualify for additional leave as an ADA reasonable accommodation if you have a disability. Otherwise, employers can terminate employment, though some employers provide additional unpaid leave as a benefit.

Protecting Your Leave Rights

Federal leave laws provide critical protections when you need time off for medical or family reasons. Understanding your rights ensures you can take necessary leave without risking your job.

If you need leave that might qualify under FMLA, act promptly. Provide notice as soon as you know you’ll need leave. Follow your employer’s procedures for requesting leave. Obtain medical certification when required. Keep copies of all documentation.

If your employer denies leave, interferes with your FMLA rights, or retaliates against you for taking leave, document everything. Keep emails, letters, and notes from conversations. File complaints with the Department of Labor and consider consulting an employment attorney.

Many employers don’t fully understand FMLA requirements and unintentionally violate the law. Others deliberately violate FMLA to pressure employees not to take leave. Either way, federal law provides strong remedies including double damages and mandatory payment of attorney’s fees.

You have the right to take leave when you need it. Your job and health insurance are protected. Don’t let employer pressure or misinformation prevent you from exercising your federal rights.

State laws often provide even stronger protections. Check your state’s leave laws to understand the full scope of your rights. You may be entitled to paid leave, longer leave duration, or coverage even if you don’t qualify for federal FMLA.

Taking leave when you or your family needs it is your right. The law protects you. Use it.

Get Help with Your Leave Rights

If your employer denied leave, retaliated against you for taking FMLA leave, or interfered with your federal leave rights, you may be entitled to reinstatement, back pay, double damages, and attorney’s fees. Get a free case review from an employment law expert who can evaluate your situation and explain your options.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, please consult with a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation.