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Quick Guide to Family and Medical Leave Act

In Triage Health's free Quick Guide to the Family & Medical Leave Act (FMLA), you'll learn what FMLA is, which employers are covered by the FMLA, which employees are eligible, and more!

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The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to a total of 12 weeks of unpaid, job-protected leave, per year:

  • For their own serious medical condition
  • For the care of a child, parent, or spouse with a serious medical condition
  • For the birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care; or
  • For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status. In this instance, eligible employees are entitled to 26 weeks of leave.

Employers covered by the FMLA, are:

  • Private employers, that have 50 or more employees in 20 or more workweeks in the current or preceding calendar year;
  • Public agencies, including a local, state, or federal agency, regardless of the number of employees it employs; or
  • Public or private elementary or secondary schools, regardless of the number of employees it employs

Employees eligible for leave under the FMLA:

  • Have worked for a covered employer for at least 12 months in the last 7 years;
  • Have at least 1,250 hours of service for the employer during the 12-month period immediately prior to the leave; and
  • Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite.

Important areas to be aware of include:

  • Employer requirements to provide notice to employees of eligibility for leave
  • Employee requirements to provide notice of the need for leave
  • Employee use of intermittent leave (smaller segments of time off)
  • Medical certification forms and making disclosure decisions
  • Employee return to work rights
  • Specific FMLA provisions related to military service

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For more information on employment issues, visit our Employment Resources page.

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Last reviewed for updates: 01/2022

Disclaimer: This handout is intended to provide general information on the topics presented. It is provided with the understanding that Triage Cancer is not engaged in rendering any legal, medical, or professional services by its publication or distribution. Although this content was reviewed by a professional, it should not be used as a substitute for professional services. © Triage Cancer 2023