What does FMLA stand for? It stands for the Family and Medical Leave Act, a federal law from 1993 that lets eligible employees take time off for serious family and medical reasons without losing their jobs. Most covered workers can take up to 12 workweeks of leave in a 12 month period.
The key thing to know is that FMLA leave is job protected but unpaid under federal law. The law keeps your position, or an equal one, waiting for you and keeps your group health coverage going. It does not require your employer to pay you while you are out, though some states and employers add paid leave on top.
Quick facts
Stands for
Family and Medical Leave ActType
Initialism, said as four lettersBecame law
1993Enforced by
US Department of Labor, Wage and Hour DivisionLeave length
Up to 12 workweeks a year; 26 for military caregiver leavePaid?
No, unpaid under federal lawUsed in
HR forms, doctor's paperwork, employee handbooks
What does FMLA stand for, and what does it cover?
Each word in the name points to part of what the law does: Family, Medical, Leave, Act. Eligible employees can take FMLA leave for:
- The birth of a child and bonding with a newborn.
- Adoption or foster placement of a child.
- Caring for a spouse, child or parent with a serious health condition.
- Their own serious health condition that keeps them from working.
- Certain urgent needs tied to a family member's military deployment.
- Caring for a service member with a serious injury or illness, for up to 26 weeks.
Leave does not have to be taken all at once. When medically needed, it can be taken in pieces, such as one day a week for treatment, or as a reduced schedule.
Who qualifies for FMLA leave
| Requirement | What it means |
|---|---|
| Covered employer | A private employer with 50 or more employees, or any public agency or school |
| Time on the job | At least 12 months with the employer, not always in a row |
| Hours worked | At least 1,250 hours in the 12 months before leave starts |
| Location | A worksite with 50 or more employees within 75 miles |
A worker at a small business with 20 employees is usually not covered by the federal law, although a state law may still apply. Your HR department can confirm whether you meet each test.
How FMLA leave works in practice
- Give notice. For planned leave, such as a birth or surgery, tell your employer 30 days ahead when you can. For sudden needs, tell them as soon as possible.
- Fill out the forms. Your employer may ask for a certification from a health care provider.
- Get a decision. The employer must tell you whether the leave counts as FMLA leave.
- Keep your benefits. Group health insurance continues on the same terms during leave.
- Return to work. You must be restored to the same job or an equivalent one with the same pay and benefits.
HR email: "Your FMLA request is approved for intermittent leave, up to two days a month for your father's treatments." This means the missed days are protected and cannot be held against you.
Employers may require, or workers may choose, to use paid time off such as PTO during FMLA leave, which lets some people keep a paycheck while they are out.
FMLA compared with other workplace laws
- ADA: the Americans with Disabilities Act requires reasonable accommodations for disabilities and may allow leave beyond FMLA.
- HIPAA: protects health information held by doctors and insurers, a separate issue from leave.
- Short term disability: insurance that may replace part of your pay while FMLA protects your job.
- State paid leave: some states run programs that pay workers during family or medical leave.
Several of these can apply at once. For other federal laws and agencies, see the government acronyms section.
Saying and writing FMLA
Spoken, it is four letters: "eff em el ay." Print it in full capitals and skip the dots. The "eff" sound at the front takes an, as in an FMLA request or an FMLA form. People also say "on FMLA" to mean on protected leave, as in "She is on FMLA until June."
Questions people ask
Is FMLA leave paid?
No, the federal law only guarantees unpaid leave. You may be able to use paid time off, short term disability or a state paid leave program at the same time.
How long can you be on FMLA?
Up to 12 workweeks in a 12 month period for most reasons. Leave to care for a seriously injured or ill service member can last up to 26 weeks.
Can I be fired while on FMLA?
An employer cannot fire you because you took protected leave. You can still be let go for unrelated reasons, such as a layoff that would have happened anyway.
Does FMLA apply to part time workers?
It can, if you worked at least 1,250 hours in the past year and meet the other tests. That is about 24 hours a week over a year.
What does it mean to be on FMLA?
It means you are taking leave protected by the Family and Medical Leave Act. Your job and health coverage are held for you while you are out.