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Leave of Absence (FMLA): What you need to know

The FMLA (29 USC 2601) requires covered employers to provide up to 12 weeks of unpaid family and medical leave to eligible employees. The FMLA also allows for up to 26 weeks of unpaid leave in a single 12-month period for qualified employees caring for a military servicemember or veteran. The FMLA does not supersede state laws if those laws provide greater leave rights to employees. This means that employers covered by the FMLA and a state law must take steps to ensure that employees receive the full benefit of both. For information on state law requirements,
The U.S. Department of Labor (DOL) Wage and Hour Division is responsible for enforcing the FMLA. Employers that violate the law are liable for damages for wages, salaries, employment benefits, or other compensation denied or lost to employees because of violations, including interest on the monies. Reinstatement, promotion, or other appropriate remedies may also be ordered.
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The FMLA affects private employers with 50 or more employees for each working day during each of 20 or more weeks in the current or preceding year. All public employers are covered, regardless of size. There are also special provisions for teachers and other instructional employees of public and private elementary and secondary schools. For more information on employer coverage, go to Guidance: FMLA Employer Coverage and Employee Eligibility.
Employees eligible for leave are those who have worked for at least 12 months for the employer from whom leave is requested, and for at least 1,250 hours during the 12 months immediately preceding the start of the leave.
12 months' service. Employment periods prior to a break in service of 7 years or more need not be counted in determining whether the employee has been employed by the employer for at least 12 months. However, FMLA's final regulations state that employers must "count" service beyond the 7-year cap if the employee's break in service is caused by his or her Uniformed Services Employment and Reemployment Rights (USERRA)-covered military service, or if the employee and employer have a written agreement concerning the employer's intention to rehire the employee after the break in service (e.g., for purposes of the employee furthering his or her education or for child-rearing purposes). This includes collective bargaining agreements. Employers may also choose, as a matter of policy for all types of leave, to consider employment prior to a continuous break in service of more than 7 years when determining whether an employee has met the 12-month employment requirement.

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More on this topic:

expand-collapse sectionFamily and Medical Leave Act of 1993 (FMLA)
expand-collapse sectionWhich Employers Are Covered by FMLA?
expand-collapse sectionWhich Employees Are Covered by FMLA?
expand-collapse sectionReasons for Leave
expand-collapse sectionCalculating and Tracking the 12-Month Period
expand-collapse sectionCalculating the 12-Week Leave Period
expand-collapse sectionSubstitution of Paid Leave for Unpaid FMLA Leave
expand-collapse sectionIntermittent and Reduced Schedule Leave
expand-collapse sectionMarried Employees
expand-collapse sectionEmployer's Notice Requirements
expand-collapse sectionEmployee's Notice Requirements
expand-collapse sectionMedical Certification
expand-collapse sectionEmployment and Benefits Protection
expand-collapse sectionLimits on the Right to Reinstatement
expand-collapse sectionRecordkeeping Requirements
expand-collapse sectionSpecial Rules for Education Employers
expand-collapse sectionSpecial Rules for Airline Flight Crews
expand-collapse sectionOther Laws and Regulations Related to Leaves of Absence
expand-collapse sectionHow ADA, FMLA, and WC Laws Interact

State Requirements

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

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