What is the FMLA?
The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that provides eligible employees with up to 12 weeks of unpaid, job-protected leave during any 12-month period. During FMLA leave, employers must maintain the employee's group health insurance coverage under the same terms as if the employee had continued working.
Who is eligible for FMLA leave?
To qualify for FMLA leave, an employee must meet all three criteria:
- Work for a covered employer: Private employers with 50 or more employees within a 75-mile radius, all public agencies, and all public and private elementary and secondary schools
- Have worked for the employer for at least 12 months: These do not need to be consecutive, but there is a 7-year break-in-service limit
- Have worked at least 1,250 hours during the 12 months immediately preceding the leave
Approximately 56% of US workers are eligible for FMLA leave based on these requirements.
What qualifies as FMLA leave?
Employees can take FMLA leave for the following reasons:
- Birth of a child and to bond with the newborn within one year of birth
- Placement of a child for adoption or foster care and to bond with the child within one year of placement
- Caring for a spouse, child, or parent with a serious health condition
- A serious health condition that makes the employee unable to perform the essential functions of their job
- Qualifying exigency arising from a spouse, child, or parent being a covered military member on active duty or called to active duty
A separate provision allows up to 26 weeks of leave in a single 12-month period to care for a covered service member with a serious injury or illness (military caregiver leave).
What is a "serious health condition"?
The FMLA defines a serious health condition as an illness, injury, impairment, or physical or mental condition that involves either:
- Inpatient care: An overnight stay in a hospital, hospice, or residential medical care facility
- Continuing treatment by a healthcare provider: This includes conditions requiring an absence of more than three consecutive calendar days combined with ongoing medical treatment, chronic conditions requiring periodic treatment, pregnancy (including prenatal medical appointments and morning sickness), or permanent or long-term conditions
The common cold, flu, and routine dental or orthodontia problems generally do not qualify unless complications arise.
Can FMLA leave be taken intermittently?
Yes. When medically necessary, employees may take FMLA leave in blocks of time or by reducing their normal weekly or daily work schedule. For example:
- Taking one day per week for chemotherapy treatments
- Reducing hours from 8 to 6 per day during recovery
- Taking individual days for flare-ups of a chronic condition
Intermittent leave for bonding with a newborn or newly placed child is only permitted if the employer agrees.
What are the employer's obligations?
- Job protection: Restore the employee to the same or an equivalent position upon return
- Health insurance: Continue group health coverage during leave on the same terms as active employment
- Notice: Post the FMLA general notice poster (WHD Publication 1420) and include FMLA information in the employee handbook
- Eligibility notice: Inform the employee within 5 business days whether they are eligible for FMLA leave
- Designation notice: Notify the employee within 5 business days whether the leave qualifies as FMLA leave
- No retaliation: Do not penalise employees for requesting or taking FMLA leave
What are the employee's obligations?
- Provide 30 days' advance notice when the need for leave is foreseeable
- Provide notice as soon as practicable when the need is unforeseeable
- Provide medical certification from a healthcare provider when requested
- Report periodically on the intent to return to work if requested
How Grove HR Helps
Grove HR automates FMLA tracking including the 12-month eligibility lookback, 1,250-hour threshold calculation, and intermittent leave tracking down to partial days. The system generates required notices (eligibility and designation), tracks the 12-week entitlement balance, and maintains an audit trail for DOL compliance.
Frequently Asked Questions
Is FMLA leave paid or unpaid?
FMLA leave is unpaid by federal law. However, employers may require (or employees may choose) to substitute accrued paid leave such as PTO, sick leave, or vacation time for unpaid FMLA leave. Some states also have paid family leave programs that can run concurrently with FMLA.
Can an employer deny FMLA leave?
An employer can only deny FMLA leave if the employee does not meet the eligibility requirements (12 months of service, 1,250 hours worked, employer has 50+ employees within 75 miles) or if the reason for leave does not qualify under the FMLA.
Can an employee be fired while on FMLA leave?
An employee cannot be fired because they took FMLA leave. However, an employee on FMLA leave can be terminated for reasons unrelated to the leave, such as a company-wide layoff or documented misconduct that occurred before the leave began.
Rachel Richardson
Head of Growth & Marketing, Grove HR
Rachel leads growth and marketing at Grove HR, with over a decade of experience in UK HR technology. She writes practical guides to help small businesses navigate employment law and build better workplaces.