The Family and Medical Leave Act (FMLA) gives eligible employees the right to take unpaid, job-protected leave for specific family and medical reasons. It’s one of the most widely used federal employment protections, but also one of the most misunderstood — particularly when it comes to eligibility and how leave time is actually counted. Here’s a breakdown of who FMLA applies to, how leave is calculated, what rights it guarantees, and what to do if those rights are violated.
Who Does FMLA Apply To?
FMLA eligibility depends on two things: whether the employer is covered, and whether the employee individually qualifies. Covered employers include private-sector businesses with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, all public agencies (federal, state, and local governments, regardless of size), and public and private elementary and secondary schools, regardless of size. Eligible employees must meet all four of the following: You must work for a covered employer, have worked for that employer for at least 12 months (the months don’t need to be consecutive), have worked at least 1,250 hours during the 12 months immediately before the leave begins, and work at a location where the employer has 50 or more employees within 75 miles.
FMLA leave can be used for the birth or adoption of a child, to care for a spouse, child, or parent with a serious health condition, for the employee’s own serious health condition, or for certain needs related to a family member’s military deployment. A separate provision allows up to 26 weeks in a single 12-month period to care for a covered servicemember with a serious injury or illness.
It’s important to note that leave doesn’t have to be taken all at once. It can be used “intermittently” (in separate blocks of time) or on a “reduced schedule” (fewer hours per day or week) when medically necessary. This is common for chronic conditions, ongoing treatment, or recovery. When leave is intermittent, employers calculate usage in the smallest increment of time the employer’s payroll system uses for tracking other absences, generally no larger than one hour.
What’s Your Rights Under FMLA?
Under the FMLA, eligible employees have the right to:
- Take up to 12 weeks of unpaid leave (26 weeks for military caregiver leave) for a qualifying reason
- Continue their group health insurance coverage during leave under the same terms as if they had continued working
- Return to the same position they held before leave, or to an equivalent position with equivalent pay, benefits, and other employment terms
- Take leave intermittently or on a reduced schedule when medically necessary
- Be free from interference, restraint, or denial of these rights by their employer
- Be free from retaliation for requesting or taking FMLA leave, or for participating in an FMLA-related investigation or proceeding
Employers are also required to post FMLA notices in the workplace and, in many cases, provide individualized notice to employees about their eligibility and rights when a qualifying need for leave arises.
What to Do If Your FMLA Rights Are Being Obstructed or You’re Facing Retaliation?
Interference includes things like an employer refusing to grant qualifying leave, discouraging an employee from taking it, failing to reinstate them to an equivalent position, or manipulating hours/schedules to knock someone below eligibility. Retaliation includes termination, demotion, discipline, or other adverse action taken because an employee requested or took FMLA leave or cooperated with an FMLA investigation.
If you believe your rights have been violated, you generally have two paths, and you don’t have to choose only one:
- File a complaint with the Department of Labor’s Wage and Hour Division (WHD). WHD investigates FMLA complaints, and complaints may be filed in person, online, or by mail. You are not required to file with WHD before pursuing other remedies.
- File a private lawsuit. Employees can sue directly in federal or state court for FMLA violations without going through WHD first. The deadline (statute of limitations) is generally 2 years from the date of the violation, or 3 years if the violation was willful.
Practical steps if you suspect interference or retaliation: document everything (leave requests, medical certifications, dates, and any communications with your employer), keep copies of your FMLA paperwork, note any change in treatment or discipline that followed your leave request, and consult an employment attorney here.
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