What FMLA (Family Leave) requires
The Family and Medical Leave Act mandates that covered employers provide eligible employees with job-protected, unpaid leave for specified family and medical reasons. A covered employer under 29 U.S.C. § 2611 is one employing 50 or more individuals. To qualify as an "eligible employee" pursuant to 29 CFR § 825.110, an individual must have worked for the employer for at least 12 months, which need not be consecutive, and for a minimum of 1,250 hours during the 12-month period preceding the leave. Qualifying employees are entitled to a total of 12 workweeks of leave in a 12-month period. This entitlement extends to 26 workweeks during a single 12-month period for military caregiver leave under 29 U.S.C. § 2612. While this is an unpaid leave standard, the statute permits intermittent leave usage when medically necessary. Critical protections under 29 U.S.C. § 2614 require that employers maintain the employee's group health benefits during leave and ensure job restoration to an equivalent position upon return. For foreseeable leave, an employee must provide 30 days' advance notice. Following a leave request, the employer must furnish eligibility notice within 5 business days as part of its comprehensive notice obligations outlined in 29 CFR § 825.300. Because medical certification is required, the employee generally has 15 calendar days to provide sufficient documentation of a serious health condition as stipulated by 29 CFR § 825.305.
Pillar: Workplace · Authority: US Department of Labor (DOL) · Version: 1.1.0 · Last updated:
Primary source: https://www.dol.gov/agencies/whd/fmla
SHA-256 integrity: a301391a2e68a6d3fedf5aa65fc830751291ed31688fdd9501ac117eb834a5d1
Primary Citations — 7 traced to source
- 29 U.S.C. § 2611 - FMLA Definitions (Eligible Employee, Employer, Serious Health Condition)
- 29 U.S.C. § 2612 - Leave Requirement (12-week standard limit, 26-week military caregiver limit)
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