Family and Medical Leave Act (FMLA): Eligibility and Protections

The FMLA provides job-protected leave for serious health and family situations, but eligibility requirements and the scope of protection are narrower than many employees assume.

Eligibility Requirements

To be eligible, an employee generally must have worked for their employer for at least 12 months, worked at least 1,250 hours during the preceding 12 months, and work at a location where the employer has at least 50 employees within 75 miles.

These thresholds mean many part-time employees, newer employees, and employees of smaller employers are not covered by FMLA, even though they might be covered by a similar state law.

What FMLA Covers

Eligible employees can take up to 12 weeks of unpaid, job-protected leave per year for their own serious health condition, to care for an immediate family member with a serious health condition, for the birth or adoption of a child, or for certain military family circumstances.

During FMLA leave, the employer must generally maintain the employee's group health insurance coverage and, upon return, restore the employee to the same or an equivalent position.

Common FMLA Disputes

Disputes often arise over whether a health condition qualifies as "serious," whether an employer properly designated leave as FMLA leave, or whether an employee was retaliated against for taking or requesting leave.

Many states also have their own family and medical leave laws that can provide broader coverage, additional paid leave, or protection for smaller employers not covered by federal FMLA.

Frequently Asked Questions

Is FMLA leave paid?

No — FMLA itself only guarantees unpaid leave, though it can often run concurrently with paid leave benefits an employer separately offers.

Can I be fired while on FMLA leave?

Not for taking the leave itself, though an employer can still terminate for unrelated, legitimate reasons that would have applied regardless of the leave.

FMLA eligibility and leave designation involve specific technical requirements. An employment attorney can help you understand your rights if you're facing a leave-related dispute with your employer.