Provide periodic reports to your employer about your status
during your leave and/or when you will return to work - your employer
may require a "fitness-for-duty" certification from your health care
If you can't return to work after the FMLA
leave you're potential liable for payment of health insurance premiums
paid by your employer during your FMLA leave
For more information, call the Wage and Hour Division toll-free,
available 8 a.m. to 5 p.m. in your time zone: 1-866-4USWAGE
The Family and Medical Leave Act (FMLA) provides workers job-protection
and unpaid leave for specified family and medical reasons.
Who is covered by the FMLA?
if you work for an employer who's covered:
that's any employer in the private or other sector who engages
in commerce if that employer has 50 or more employers each working day
at least 20 calendar weeks in the current or preceding calender year.
agencies (local an state governments) and local education agencies
(schools)- these employers don't have to meet the 50 workers test
and if you work at a location in the U.S. for a covered
employer within 75 miles of which that employer employs at least 50
and if you have worked at least 12 months (not consecutive) for that employer;
and if you have worked at least 1250 hours during these 12 months immediately before the date FMLA starts.
What is covered by the FMLA?
12 workweeks of leave in any 12-month period for:
birth and care of your child, within a year of birth
placement of your adoptive or foster care child, within a year of placement
care of immediate family (spouse, child, parent) with a serious health condition
your own serious health condition that makes you unable to perform your job
qualifying arising out of the fact that your spouse, child or parent is
on active duty or has been notified of an impending call or order to
active duty in the U.S. National Guard or Reserves in support of
26 workweeks of leave during a single
12-month period to care for a covered service member with a serious
health condition if you are the spouse, child, parent, or next of kin
of the service member (Military Caregiver Leave)
FMLA leave or on a reduced leave schedule can be taken without approval
of your employer if your leave is medical necessary due to pregnancy, a
serious health condition of yourself or a covered service member due to
qualifying exigency (medical necessary). You need your employers
approval if you want intermittent leave for adoption or foster care
you are entitled to the same group health benefits as
you were receiving before your FMLA leave during your leave - If
applicable you have to pay a share of health insurance premiums while
on leave and if you fail to return to work after leave your employer
may recover premiums paid for your health coverage during leave.
may elect the substitution of any accrued paid leave (vacation, sick,
personal etc.) for periods of unpaid FMLA leave, determined by the
terms and conditions of your employers normal leave policy
when you return from FMLA leave you are entitled to be restored in the same job or equivalent work with the same salary, benefits and other terms and conditions of your work