8 things every employee should know about FMLA

American workers can take leaves of absence from their jobs for many reasons: caring for a sick family member, managing their own health, or welcoming a new child to their family, to name a few. The US government passed the Family Medical Leave Act (FMLA) in 1993 to protect employees from the potential financial stress that can come with taking leave from work. It is estimated that in 2022 alone, nearly 15 million workers were supported by the FMLA.¹

Here are 8 things every employee should know about the FMLA:

How does the FMLA protect you?

The FMLA allows you to take 12 weeks of unpaid leave, depending on the reason, in any 12-month period, and up to 26 weeks to care for an ill or injured service member.² You also won’t lose your health insurance coverage, though you must continue to pay your employee contribution toward your insurance while you’re on leave.³ While FMLA leave is unpaid, it is possible to receive payment for unused paid time off (PTO), vacation time, and sick days you're owed, depending on your company's individual policy.

What type of leave does FMLA cover?

FMLA helps protect your job while you take leave for your own serious medical condition or the serious health condition of a parent, spouse, or child. In general, qualifying conditions can include an incapacitating illness, a condition requiring an overnight hospital stay, and childbirth.⁴ You may also take unpaid parental leave for the birth of a new child, or placement of an adopted or foster child.

Can you take leave through FMLA to care for any family member?

Employees can take FMLA leave to help care for immediate family: your children (including biological and adopted children, and legal wards), your spouse (including common-law partners), and your parents. Not all family members are eligible, though. Time spent caring for a sibling would not be covered under FMLA, except in specific cases.

Does the FMLA cover all employees?

Only companies with 50 or more employees are required to provide FMLA coverage, so if your employer does not have 50 employees within 75 miles of your workplace, they do not have to offer FMLA job protection.

To be eligible for protected leave, you also need to have worked for the employer for at least 1,250 hours in the past 12 months before you take leave – about 24 hours a week.

How do you notify your employer that you need to take a leave of absence under FMLA?

You are required to notify your employer of planned leave at least 30 days ahead of the date you want the leave to begin.⁵

Do you get paid during FMLA medical leave?

FMLA helps keep your job and health coverage, but it doesn’t guarantee any paid leave other than the accrued paid time off your employer is required to pay. Some states do mandate paid leave, so be sure to research the protections available in your state.

What should you do if you're not eligible for FMLA?

If you work part-time, or have recently started a new job, you may not be able to take leave through the FMLA. And even if you are eligible for protected leave, if you live in a state that does guarantee paid leave, you may not be able to afford taking unpaid time off work, so it’s important to protect your income.

You may be eligible for short-term disability insurance through your job, which could replace a portion of your income in the case of a qualifying health condition, like childbirth or a serious illness. Ask your human resource manager whether your employer provides a disability insurance policy, or if there are other policies offered that could help cover costs associated with critical illnesses, cancer, and hospitalization. If you’ll need to rely on insurance coverage to cover the costs of an extended leave from work, be sure to plan ahead so you have protection in place when you need it.

The FMLA offers important protections for employees who need to care for their health or their family, but it doesn’t cover everything. Make it a goal to save up an emergency fund and invest in protection for your income, so you can take care of what’s most important without losing your job, your health insurance or your financial confidence.