FMLA
Who Is Eligible for FMLA Leave and How Many Weeks Can They Take?
The Family and Medical Leave Act (FMLA) is a federal law entitling eligible employees at covered employers to up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons, including the birth of a child or a serious health condition.
FMLA applies to employers with 50 or more employees within a 75-mile radius, and to employees who have worked at least 12 months and 1,250 hours in the preceding 12 months—meaning many small businesses fall outside FMLA’s scope, though some states have their own leave laws with lower thresholds.
FMLA leave is job-protected—the employee generally must be restored to the same or equivalent position—and group health benefits must continue during leave. It’s unpaid under federal law, though employees may use accrued PTO concurrently, and some states have separate paid leave programs.
FMLA Eligibility Requirements and Leave Entitlement
-
Applies to employers with 50+ employees within a 75-mile radius.
-
Employee eligibility requires 12 months of employment and 1,250 hours worked in the prior 12 months.
-
Provides up to 12 weeks of unpaid, job-protected leave.
-
Can be taken intermittently, not just as a single continuous block.
Frequently Asked Questions
Does FMLA apply to every employer?
No—only employers with 50 or more employees within a 75-mile radius.
Is FMLA leave paid?
Not under federal law—some states have separate paid leave programs.
Can FMLA leave be taken in smaller increments?
Yes—intermittent FMLA leave is allowed for qualifying conditions.
Does an employee have to use all 12 weeks of FMLA leave at once?
No—FMLA leave can be taken all at once, intermittently, or on a reduced work schedule, depending on the qualifying reason.
Is an employer required to continue health insurance during FMLA leave?
Yes—employers must maintain group health benefits under the same terms as if the employee had continued working.
Related terms: PTO Accrual vs. Lump Sum, Employee Handbook Requirements, Seasonal Employee Rules