The Family and Medical Leave Act
12 weeks
Job-protected leave
Per 12-month period
50+
Employees
Employer coverage threshold
1,250 hrs
Hours worked
Employee must have worked
What Is FMLA?
The Family and Medical Leave Act of 1993 entitles eligible employees to 12 weeks of unpaid, job-protected leave per 12-month period. It applies to employers with 50 or more employees within a 75-mile radius.
During FMLA leave, the employer must maintain the employee’s group health insurance under the same terms as if the employee had continued working. When the employee returns, they must be restored to their original job or an equivalent position with equivalent pay, benefits, and working conditions.
Employee Eligibility
Employer Size
The employer must have 50 or more employees within a 75-mile radius of the worksite. Remote employees count toward the total at the worksite they report to.
Length of Employment
The employee must have worked for the employer for at least 12 months. These 12 months do not need to be consecutive, but employment prior to a break of seven or more years generally does not count.
Hours Worked
The employee must have worked at least 1,250 hours during the 12-month period immediately preceding the start of leave. This averages to roughly 24 hours per week.
Eligibility Formula
50+
Employees
12
Months
1,250
Hours
FMLA ELIGIBLE
Qualifying Reasons for Leave
FMLA leave can be taken for four standard reasons, plus two military-related expansions.
The birth of a child and to bond with the newborn (within 12 months of birth)
The placement of a child for adoption or foster care (within 12 months of placement)
To care for a spouse, child, or parent with a serious health condition
A serious health condition that makes the employee unable to perform essential job functions
Military Caregiver Leave
An eligible employee who is the spouse, child, parent, or next of kin of a covered servicemember with a serious injury or illness may take up to 26 weeks of leave in a single 12-month period. This is the maximum FMLA leave available for any reason.
Qualifying Exigency
Employees with a spouse, child, or parent on covered active duty (or called to active duty) in a foreign country may take FMLA leave for qualifying exigencies. Examples include short-notice deployment arrangements, military events, childcare needs, financial and legal arrangements, counseling, and post-deployment reintegration.
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Practice FMLA QuestionsEmployer Obligations
Job Restoration
The employee must be restored to the same position or an equivalent position with equivalent pay, benefits, and other employment terms. "Equivalent" is the key word tested.
Health Benefits
The employer must maintain the employee's group health insurance coverage on the same terms as if the employee had continued working. The employee remains responsible for their share of the premium.
Notice Requirements
Employers must post a general FMLA notice and provide an eligibility notice within 5 business days of learning of the need for leave. A rights and responsibilities notice and a designation notice must also be provided.
No Retaliation
Employers cannot interfere with, restrain, or deny the exercise of FMLA rights. Firing, demoting, or disciplining an employee for taking FMLA leave is a violation, even if the leave caused operational inconvenience.
FMLA vs ADA
| Feature | FMLA | ADA |
|---|---|---|
| Purpose | Job-protected leave for qualifying reasons | Reasonable accommodation for disabilities |
| Duration | Up to 12 weeks (26 for military caregiver) | No fixed limit, depends on accommodation |
| Trigger | Qualifying event (birth, serious health condition, etc.) | Qualified individual with a disability |
| Employer Size | 50+ employees within 75-mile radius | 15+ employees |
| Paid? | No (unpaid leave) | No requirement, accommodation may be unpaid leave |
| Job Guarantee | Same or equivalent position | Reassignment may be an accommodation |
Exam Traps
FMLA leave is NOT paid leave
FMLA guarantees unpaid, job-protected leave. Employers may require (and employees may elect) to substitute accrued paid leave concurrently. But the law itself does not mandate pay. Many candidates assume paid leave and get burned.
Intermittent leave is allowed
Employees can take FMLA leave in separate blocks of time or by reducing their work schedule when medically necessary. An employer cannot deny intermittent leave for a serious health condition. This is a heavily tested point.
"Serious health condition" has a specific definition
It is not just any illness. It requires inpatient care OR continuing treatment by a healthcare provider involving incapacity of more than three consecutive calendar days plus two or more treatments (or one treatment plus a regimen of continuing treatment). A common cold does not qualify.
FMLA vs ADA Leave
FMLA gives you 12 weeks, period. ADA leave has no fixed cap. If 12 weeks runs out, check if ADA reasonable accommodation applies. They overlap, they do not replace each other.
FMLA vs State Laws
Many states give more than 12 weeks or cover smaller employers. When federal and state laws conflict, whichever is more generous to the employee wins. The exam expects you to know that state law can exceed FMLA.
FMLA is like a gym membership with three requirements on the card. You need 50+ people at the gym (employer size), 12 months of membership (time employed), and 1,250 punches on your card (hours worked). If any requirement is missing, the card is invalid.
Once you qualify, FMLA gives you a 12-week safety net. You can fall into it for a new baby, a serious illness, to care for a sick family member, or a military family situation. The net catches you and holds your job.
The net is free (unpaid), but your employer must keep paying for your health insurance while you are in it. When you climb back out, your old job (or an equivalent one) must be waiting for you.
Military caregiver leave doubles the net to 26 weeks. This is the single longest FMLA protection and it only applies to caring for a covered servicemember with a serious injury or illness.
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