What the FMLA provides
The Department of Labor's Fact Sheet #28 describes FMLA leave as job-protected, unpaid leave: eligible employees of covered employers may take up to 12 workweeks of leave in a 12-month period for qualifying reasons, and up to 26 workweeks in a single 12-month period to care for a covered servicemember with a serious injury or illness. During the leave the employer must maintain the employee's group health coverage under the same conditions as if they had not taken leave, and at the end the employee must be restored to the same or a virtually identical position.
Who is covered and who is eligible
| Test | Rule (Fact Sheet #28) |
|---|---|
| Covered employer | a private employer with 50 or more employees in 20 or more workweeks in the current or preceding year; any public agency; any public or private elementary or secondary school |
| Length of service | 12 months with the employer, not necessarily consecutive |
| Hours of service | at least 1,250 hours in the 12 months before the leave starts |
| Worksite | the employer has at least 50 employees within 75 miles of the employee's worksite |
The hours test is the one to check. 1,250 hours over 52 weeks is about 24 hours a week; a full-time employee at 40 hours reaches it in 32 weeks of the year, and a part-timer at 20 hours would need 63 weeks, more than a year, and so is not eligible. The test counts hours of service, not months on the payroll. The guide working hours in a year shows how the hours add up on different schedules.
Qualifying reasons
- The birth of a child, and bonding with the newborn within one year of birth.
- The placement of a child for adoption or foster care, and bonding within one year of placement.
- A serious health condition that makes you unable to perform the essential functions of your job.
- Caring for a spouse, child or parent with a serious health condition.
- Qualifying exigencies arising from a spouse's, child's or parent's covered active duty in the military.
- Military caregiver leave: up to 26 workweeks in a single 12-month period to care for a covered servicemember who is your spouse, child, parent or next of kin.
Twelve workweeks, dated
Leave starting March 2, 2026 and taken in one continuous block of 12 workweeks ends on May 24, 2026, with a return to work on May 25, 2026 if that is a workday. The entitlement is measured in workweeks, so a reduced schedule or intermittent leave uses it up in proportion: a week at half time uses half a week. The add or subtract days calculator gives the end date for any start, and the business days calculator the working days in the period, which is what intermittent leave is tracked against.
| Leave | Entitlement | Measured over |
|---|---|---|
| Standard FMLA leave | 12 workweeks | a 12-month period the employer defines by one of the permitted methods |
| Military caregiver leave | 26 workweeks, including any standard leave | a single 12-month period starting with the first day of that leave |
Notice and certification
- 30 days' notice when the need is foreseeable and it is possible and practical, per Fact Sheet #28E; otherwise as soon as possible and practical.
- You need not say "FMLA" the first time, but you must give enough information for the employer to see the leave may be covered, and follow the employer's usual procedures for requesting leave.
- Certification. The employer may ask for information from a health care provider and must allow at least 15 calendar days to provide it.
- Insufficient notice can let an employer that has informed employees of the rules delay, or in some cases deny, the leave.
During and after the leave
- Pay. The FMLA itself is unpaid. You may choose, or the employer may require you, to substitute accrued paid leave where the employer's policy covers the reason; the paid and FMLA leave then run concurrently.
- Health coverage continues on the same terms; you keep paying your share of the premium.
- Restoration to the same or a virtually identical position, with equivalent pay, benefits and conditions.
- No interference or retaliation. Employers may not interfere with, restrain or deny FMLA rights, and may not threaten, discriminate against, punish, suspend or fire an employee for requesting or using leave.
This guide reports the federal rules as the Department of Labor publishes them. State family and medical leave laws and employer policies can add to the federal minimum; the guide exempt vs non-exempt employees covers the other federal classification that governs how time off is paid.
Frequently asked questions
What is FMLA leave?
Job-protected, unpaid leave under the federal Family and Medical Leave Act: up to 12 workweeks in a 12-month period for the birth or placement of a child, a serious health condition of your own or of a spouse, child or parent, and certain military family needs, with up to 26 workweeks in a single 12-month period to care for a covered servicemember. The employer must keep your group health coverage going on the same terms and restore you to the same or a virtually identical position afterwards.
Who is eligible for FMLA?
Per the Department of Labor, you must work for a covered employer, have worked for that employer for 12 months, have at least 1,250 hours of service in the 12 months before the leave starts, and work at a location where the employer has at least 50 employees within 75 miles. Covered employers are private employers with 50 or more employees in 20 or more workweeks of the current or previous year, public agencies of any size, and public and private elementary and secondary schools.
Is FMLA leave paid?
Not by the FMLA. The Department of Labor describes it as job-protected, unpaid leave. You may choose, or your employer may require you, to use accrued paid leave such as vacation or sick time during FMLA leave where the employer's paid leave policy covers the reason, and in that case the paid time runs at the same time as the FMLA weeks rather than on top of them. Whether any other pay comes with the leave is a matter of employer policy and state law.
How much notice do I have to give?
At least 30 days in advance when the need for leave is foreseeable, such as a planned surgery or an expected birth, and as soon as possible and practical otherwise, following the employer's usual procedures for requesting leave. You do not have to mention the FMLA by name the first time, but you must give enough information for the employer to see the leave may qualify, and an employer that has told you the rules may delay or in some cases deny leave requested without timely notice.
Can FMLA leave be taken a few hours at a time?
Yes, when medically necessary: the Department of Labor says leave may be taken in separate blocks of time or by reducing the work schedule, which covers recurring treatment and flare-ups. Intermittent leave to bond with a newborn or newly placed child needs the employer's agreement. Every hour used counts against the 12-workweek entitlement.
Sources
- US Department of Labor, Wage and Hour Division, Fact Sheet #28: The Family and Medical Leave Act (covered employers; the 12 months, 1,250 hours and 50 employees within 75 miles tests; 12 workweeks in a 12-month period and 26 for military caregiver leave; the qualifying reasons; job-protected unpaid leave; group health benefits maintained; restoration to the same or virtually identical position; intermittent leave; substitution of paid leave; certification within 15 calendar days; interference and retaliation prohibited)
- US Department of Labor, Fact Sheet #28E: Employee Notice Requirements under the FMLA (30 days advance notice when possible and practical, otherwise as soon as possible and practical; no need to name the FMLA the first time; usual workplace procedures; delay or denial for insufficient notice)