The federal Family and Medical Leave Act (FMLA) requires large employers to permit employees to take up to 12 weeks of unpaid leave if they become seriously ill, have complications due to pregnancy, become a parent, or need to care for a family member who has a serious health condition. Not all employees are entitled to this leave.
Your state might have a labor law that covers more employers or gives greater rights than the federal FMLA.
Some employers give leave benefits greater than FMLA.
Which employers are covered by FMLA?
FMLA applies to companies with 50 or more employees, either at the place where you work or within a 75-mile radius of where you work.
If you work for a smaller employer, you are not protected by the FMLA. However, employers with more than 15 employees must grant pregnancy disability leave. And some states require smaller employers to give leaves.
Notification of rights
Employers must post notices that tell you about your rights under the FMLA. If your employer has a handbook, information about FMLA leave should be in that handbook.
How long do I have to work for my employer before I can take leave?
The FMLA applies only if you have been working for your employer for at least one year.
Can I take leave if I worked part-time?
You may take leave under FMLA only if you have been working for your employer for at least 1,250 hours (an average of 25 hours per week) during the past year.
In what situations must my employer grant me leave?
If you are covered by FMLA, family and medical leave must be granted in the following situations:
- You suffer from a "serious health condition" that makes it impossible for you to perform the main duties of your job
- You need to care for your child, parent, or spouse who is suffering from a "serious health condition,"
- You need to care for your newborn child, a child you recently adopted, or a child who was recently placed in foster care with you
- You need time off to get prenatal care, to care for a pregnancy-related illness, or to give birth to a child.
Which family members are covered by the Family and Medical Leave Act?
You can take family and medical leave for your own illness, as well as the illnesses of your spouse, parent and children. The law does not require that you be given time off to care for anyone else, including brothers, sisters, grandparents, grandchildren, or domestic partners.
What illnesses are covered by the FMLA?
You have the right to take medical leave for your own or your family member's "serious health condition." Here are some of the ways to determine whether an illness is a "serious health condition":
- Did the condition require hospitalization of at least one night?
- Did the condition require "continuing treatment?" - such as incapacity for more than three days with at least one visit to the doctor and additional treatment?
- Was it a pregnancy-related condition so serious that it prevented you from working?
