Family and/or Medical Leave Act (FMLA)

  • FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

    • For incapacity due to pregnancy, prenatal medical care or child birth;
    • To care for the employee's child after birth, or placement for adoption or foster care;
    • To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or
    • For a serious health condition that makes the employee unable to perform the employee's job.

    Benefits and Protections:
    During FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work.

    Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
    Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.

    Eligibility Requirements:
    Employees are eligible if they have worked for a covered employer for at least one year and for 1,250 hours over the previous 12 months.

    For more information