Everything You Need to Know About FMLA Leave

Use our step-by-step guide to help you understand how the Family and Medical Leave Act works.

By Venus Gentile, Monster Contributor

As we all know, life can be unpredictable - influenced by a vast array of factors, many of which are beyond our control. From emergencies and injuries to illnesses and diseases, we can’t foresee everything that happens to us. Even with the best-laid plans and intentions, unexpected events occur. So, how do you prioritize your personal and family needs without sacrificing your career? Thanks to FMLA leave, you don’t have to.

What is FMLA?

The concept behind FMLA leave is to promote work-life balance and allow you to take time off for important family and medical reasons without fear of losing your job or health benefits. But what is FMLA leave exactly?

What Does FMLA Stand for?

FMLA stands for the Family and Medical Leave Act and is a federal U.S. labor law signed by President Bill Clinton in 1993. The Act means that eligible employees of covered employers with up to 12 weeks of job-protected, unpaid leave for specified family and medical reasons with continuation of your health insurance coverage.

In 2022 nearly 15 million workers were supported by the FMLA, although only 56% are actually eligible for FMLA leave. The most common reason for taking leave is to address employees’ own serious health conditions.

In the years since passing the law, the FMLA has undergone several amendments:

  • Military caregiver leave: The National Defense Authorization Act of 2008 expanded FMLA to include military caregiver leave. This allows eligible employees to take up to 26 weeks of leave in a single 12-month period to care for a covered service member with a severe injury or illness.
  • Qualifying emergency leave: The same 2008 amendment also added qualifying emergency leave, which allows eligible employees to take FMLA leave for specific difficulties related to a covered military member's active duty or call to active duty.
  • Airline flight crew eligibility: The Airline Flight Crew Technical Corrections Act of 2009 amended FMLA to provide specific eligibility requirements for airline flight crew employees.
  • Same-sex spouse coverage: In 2013, the U.S. Supreme Court struck down the portion of the Defense of Marriage Act that had defined marriage as between a man and a woman. As a result, eligible employees in same-sex marriages became entitled to the same FMLA rights and benefits as those in opposite-sex marriages.
  • Military family leave expansion: The National Defense Authorization Act for Fiscal Year 2010 extended the availability of military family leave to eligible employees who are family members of the regular armed forces. It also allows for the need for leave when a covered military member is deployed to a foreign country.

What Conditions Qualify for FMLA Leave?

If you’re wonderingWhat is FMLA used for?” here are the conditions that qualify for FMLA leave:

  • taking care of your newborn child within one year of birth
  • taking care of a child you’ve adopted within one year of placement
  • taking care of yourself if you have a severe health condition
  • caring for your spouse, child, or parent who has a serious health condition
  • attending to a qualifying emergency related to your spouse, child or parent who is a covered military member on active duty or called to active duty

You can take up to 26 weeks of leave during a single 12-month period to care for your spouse, child or parent who is a covered service member with a serious injury or illness.

It's important to note that not all medical conditions qualify for FMLA leave. For example, routine medical or dental care, cosmetic treatments, and short-term illnesses or injuries that do not meet the definition of a serious health condition are generally not covered.

Other than meeting the conditions just listed, how do you know if you’re still eligible for FMLA? Firstly, you must have worked for your employer for at least 1,250 hours during the previous 12 months. Also, the location where you work must have at least fifty workers within a 75-mile radius.

Keep in mind that FMLA leave is unpaid, but you may be able to use other forms of paid leave, such as paid time off (PTO), short-term disability (STD), long-term disability (LTD), or sick leave. These can be used in conjunction with FMLA to help replace your income and will vary depending on your employer's policies and practices, so make sure to find out first.

How Does FMLA Work?

So, how long is FMLA? If you’re eligible, you can receive up to 12 weeks of leave per year that can be taken all at once or intermittently. How much FMLA per year you’re entitled to depends on your personal situation. In some cases, your employer can extend your leave beyond 12 weeks if you or a family member has a serious health condition requiring additional time off.

How Does FMLA Intermittent Leave Work?

FMLA intermittent leave allows you to take time off in separate blocks for a single qualifying reason. You can take leave in small increments (such as hours or days) rather than taking the full 12 weeks at once.

It's important to note that intermittent leave can be complicated to administer and can create staffing challenges for employers. Your employer may also require documentation and regular communication from you to ensure that you’re using the leave appropriately. Here are some key points to keep in mind:

  • To take intermittent leave, you must be eligible under the FMLA guidelines and have a qualifying reason for taking the leave.
  • You'll have to give your employer notice of your need for intermittent leave as soon as practicable, and you'll typically have to provide documentation to support your need for leave.
  • The amount of leave taken in each instance must be reasonable and necessary for your situation. For example, taking intermittent leave for a chronic condition may only require a few hours off for a doctor's appointment or treatment.
  • If you take intermittent leave, you're entitled to return to the same or an equivalent position with the same pay and benefits.

When Does FMLA Start?

FMLA leave starts on the first day of your absence from work for a qualifying reason as long as you've provided appropriate notice and documentation to your employer. It's essential to check with your HR department or review the company's policies to determine how FMLA works in your specific situation. Remember, if you're taking leave for the birth or adoption of a child, your leave can start before or after, but you must complete it within 12 months.

How to Apply For FMLA

The FMLA process can be complex and may vary depending on your employer's policies and procedures. Reviewing your employer's FMLA policy and speaking with your HR representative if you have questions or concerns, is a good idea. Here are the steps involved:

  1. Notify your employer: You must provide your employer with notice of your request as soon as practicable. This means you should give notice at least 30 days in advance or as soon as you become aware of the need for leave. You can use your employer's FMLA request form or provide a written notice, including the reason for your leave and the anticipated start and end dates.
  2. Eligibility: Your employer must notify you whether your leave has been approved within five business days. If you are, you should receive your FMLA rights and responsibilities and a request for certification.
  3. Provide medical certification: If you are taking leave for a serious health condition, you will need to provide a medical certification from your healthcare provider within 15 days. Your employer may have a specific form for this purpose.

How to Get Paid While on FMLA

The answer to“Is FMLA paid?” and“Does FMLA pay weekly?” is, unfortunately, ‘no.’ FMLA does not provide any direct payment to employees. However, if you need income during your leave, you may be able to use accrued paid leave such as vacation or sick leave or other benefits such as short-term disability or state-paid family and medical leave programs. The amount of pay you receive will depend on your employer’s policies and your entitled benefits.

There is good news, though. If you’re a federal employee, you can receive benefits under the Federal Employee Paid Leave Act (FEPLA). It allows the substitution of up to 12 weeks of paid parental leave (PPL) for FMLA unpaid leave to care for a child or adopted child that was born or placed in your care on or after October 1st, 2020. However, you’ll still have to meet specific eligibility requirements.

What Can You Not Do While on FMLA?

While on FMLA leave, you should not engage in any activity that could be seen as abuse or misuse of the leave. This includes traveling for non-medical reasons or engaging in any other activity that is not directly related to your family or medical needs.

You're also expected to provide periodic updates on your status, and failure to comply with the requirements of FMLA leave can result in the loss of job protection and other benefits provided under the law. It's important to review your employer's policies and procedures regarding leave and work with your HR department to ensure you comply with all applicable laws and policies.

Can You Work While on FMLA?

Under certain circumstances, you may be able to work while on FMLA. The law allows for intermittent or reduced schedule leave, which means you can take leave in separate blocks of time or work a reduced schedule during the leave period.

For example, if you're caring for a family member with a serious health condition, you may be able to work part-time or take occasional days off to provide care. Alternatively, if you have a health condition that makes it challenging to work a full-time schedule, you may be able to work a reduced schedule during the leave period.

Keep in mind that your employer must approve any work you do while on FMLA leave. Your employer may require you to provide a doctor's note or other documentation to support your request for intermittent or reduced schedule leave.

Remember, while on FMLA, you're entitled to take the leave without fear of retaliation or discrimination from your employer. If you're concerned about your employer's response to your request for intermittent or reduced schedule leave, consider consulting with an employment law attorney to protect your rights.

Can FMLA be Extended Beyond 12 Weeks?

Under certain circumstances, FMLA can extend beyond 12 weeks of job-protected leave. However, this is not guaranteed and depends on several factors, including the specific reason for your leave and your employer's policies.

For example, suppose you can't return to work after 12 weeks' leave due to a serious medical condition. In that case, you may be eligible for additional leave under the Americans with Disabilities Act (ADA). This would require your employer to engage in an interactive process with you to determine if additional leave is a reasonable accommodation and would not cause undue hardship to them.

Similarly, some states have their own leave laws that provide additional leave beyond the 12 weeks of FMLA. For example, in California, eligible employees can take up to 12 weeks of FMLA leave in 12 months plus up to 12 weeks under the California Family Rights Act (CFRA).

However, it's important to note that any additional leave beyond the initial 12 weeks of FMLA may not be job-protected unless other laws or policies provide such protection. It's best to consult with your employer's HR department or an employment law attorney to determine your rights and options for extending your leave.

How Long After FMLA Can You Quit?

FMLA does not require you to return to work after taking leave and you can quit at any time. If you've taken leave and decide not to return to your job, you're not required to pay back any benefits you received. However, you should still follow your employer's policies regarding resignation and provide reasonable notice if possible.

Keep in mind that other laws or employment policies may provide additional protections for employees who take FMLA leave or resign after taking leave, so it's best to speak with an employment law attorney to determine your rights.

What Happens If an Employee is Not Eligible for FMLA?

If you're not eligible for FMLA, your employer can still provide other forms of leave, such as sick leave, vacation time, or personal days. However, the length and availability of such leave may vary depending on your employer's policies and any applicable state or local laws.

If you need to take time off from work for a medical or family reason and are not eligible for FMLA or other leave provided by your employer, you may need to consider other options, such as requesting a temporary leave of absence, requesting a flexible work arrangement, or resigning from your position and seeking other employment when you're able to return to work.

It's essential to communicate with your employer and discuss your options, as other resources or accommodations may be available to you. Additionally, consider consulting with an employment law attorney to ensure your rights are protected, and that you are following the appropriate leave procedures.

Rely on the Experts to Help You Navigate Your Career

Monster is here to help you discover a fulfilling career that fits your life, with advice about everything from FMLA leave to how to ace an interview. Start by signing up for a free profile on Monster. As a member, you'll get access to career advice, interview insights, workplace trends, and job search tips. Whether you're taking time off from work or looking to negotiate your salary, we'll help you stay one step ahead of the curve.

This article is not intended as a substitute for professional legal advice. Always seek the professional advice of an attorney regarding any legal questions you may have.