Definition
A federal law that entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons, with continuation of group health insurance coverage.
UK Context
Best Practices
- Track employee eligibility proactively using HRIS systems to ensure accurate 12-month and 1,250-hour calculations
- Provide all required FMLA notices within mandated timeframes — eligibility notice within 5 business days of the leave request
- Train managers to recognise FMLA-qualifying situations and avoid retaliation against employees who take protected leave
- Coordinate FMLA with state leave laws, ADA accommodations, and employer-provided PTO policies
Frequently Asked Questions
Is FMLA leave paid or unpaid?
FMLA leave is unpaid at the federal level. However, employers may require employees to use accrued paid leave concurrently with FMLA leave. Several states including California, New York, and New Jersey have separate paid family leave programmes that can run alongside FMLA.
Can an employer deny FMLA leave?
An employer cannot deny FMLA leave to an eligible employee for a qualifying reason. However, the employer may deny leave if the employee does not meet eligibility requirements, the reason does not qualify, or proper medical certification is not provided.
Does FMLA apply to all employers?
No. FMLA covers private employers with 50 or more employees within a 75-mile radius, all public agencies regardless of size, and all public and private elementary and secondary schools. Smaller employers may still be covered by state family leave laws.