🇺🇸 US · Employment Law · Updated 2026-06-27
What is the FMLA (Family and Medical Leave Act)?
The FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, childbirth, adoption, or caring for a seriously ill family member. Applies to employers with 50+ employees.
The Family and Medical Leave Act (FMLA) of 1993 entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per 12-month period for: the birth, adoption, or foster placement of a child; a serious health condition affecting the employee; caring for a spouse, child, or parent with a serious health condition; or qualifying military exigencies. Up to 26 weeks is available for military caregiver leave.
To be eligible, you must work for an employer with 50 or more employees within 75 miles, have worked for the employer for at least 12 months, and have at least 1,250 hours of actual work in the previous 12 months. Leave can be taken all at once or intermittently (by the day or hour where medically necessary).
During FMLA leave, your employer must maintain your health insurance on the same terms as if you were still working. On return, you must be restored to the same or an equivalent position with the same pay, benefits, and conditions. Retaliation for taking FMLA leave is prohibited — you can file a complaint with the DOL or sue in federal court.