What Are My Rights Under the Family and Medical Leave Act?

The Family and Medical Leave Act (FMLA) guarantees workers a certain amount of unpaid leave from their job. FMLA leave covers the time you need to recover from serious medical conditions or take care of a family member. Even though the FMLA doesn’t require your employer to pay for sick leave, your job is protected when you can come back to work.

Federal law requires employers to follow FMLA protections or face civil penalties. Some states have additional job-protected leave laws and mandatory paid time off for workers. For more information about health benefits and employee rights, talk to an employment lawyer for legal advice.

Who Qualifies For the FMLA?

FMLA leave policies apply to all public agency and government employees. Larger private-sector businesses that employ 50 or more employees (for at least 20 weeks of the year) must offer leave under the FMLA. For employers with fewer than 50 employees, state-level family leave laws may still apply.

To qualify under the FMLA’s employee eligibility rules, you must:

• Be employed at a worksite where the employer has at least 50 workers within a 75-mile range
• Have worked for the employer for at least a 12-month period
• Have worked at least 1,250 hours during the 12 months just before taking leave

For part-time workers, working at least 1,250 hours amounts to working just over 24 hours per week for 52 weeks.

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What Reasons Entitle Employees to Take Leave?

Eligible employees may take up to 12 weeks of unpaid leave under the FMLA for one of the following reasons:

• The birth of a child and infant care
• Placement of a child for foster care or adoption
• Care for the employee’s spouse, child, or immediate family member with a serious health condition
• Care for their own serious health condition, medical treatment, or serious injuries
• Situations arising from the child, spouse, or parent being a covered servicemember on active duty in the military

Both parents can take birth or adoption leave. When caring for a loved one, you must demonstrate you are necessary to provide the care for medical reasons, transportation, or comfort.

What Is the Process for Requesting Leave Under the FMLA?

Generally, you have to provide notice to your employer when you take leave. If you know you will need FMLA leave — for example, for a surgical procedure or pregnancy — you must give your employer at least 30 days notice.

Some illnesses don’t have advance notice. In those cases, you should give your employer notice as soon as you can. Check with your workplace procedures for regular call-out-sick procedures.

You must also provide enough information to your employer so your employer can determine whether the FMLA applies.

Employers can require you to use other accrued paid leave as a part of claiming your weeks of FMLA leave. For example, if you have paid time off (PTO) or sick leave, your employer can apply those hours during your sick time.

What Happens if an Employer Denies FMLA Leave?

Covered employers have to follow FMLA protections. Employers cannot retaliate or discriminate against you for exercising your FMLA leave entitlements. Likewise, employers cannot discharge or in any way discriminate against you for speaking out against unlawful FMLA employment practices.

Examples of prohibited conduct include:

• Refusing to allow you to take FMLA leave
• Discouraging workers taking leave using their FMLA rights
• Manipulating work hours to avoid FMLA coverage
• Using your request for FMLA leave as a negative factor in hiring or promotion
• Counting FMLA leave under no-fault attendance policies

What Are My Rights When I Return from FMLA Leave?

When you return from FMLA leave, your employer must return your original job. Your employer can’t put you in a lower job or limit your compensation. If your old job isn’t available, your employer must return you to an equivalent position. This includes the same or similar duties, the same level of responsibility, and equivalent pay, benefits, and other terms of employment.

If you are away from longer than allowed by FMLA law, your employer no longer has to hold your job.

Who Enforces the FMLA?

The U.S. Department of Labor (DOL) Wage and Hour Division enforces the FMLA. If an employer interferes with your rights under the FMLA, you can file a complaint with the DOL. When you file a complaint, you must include what happened when you made a time off request and your employer’s response.

The DOL can levy fines against an employer for violating federal law. You can also file a civil lawsuit against your employer for compensation.

Find an Experienced Employment Law Attorney

If your employer doesn’t let you use FMLA leave or didn’t let you return to your original job, your employer may be violating federal law. Consult an experienced employment attorney about your legal options. An attorney can discuss your case and explain your legal rights under federal and state law.

For additional information about this legal area, see our overviews on employment law for employees and wrongful termination laws.