Federal Law

FMLA

Family and Medical Leave Act

29 U.S.C. §§ 2601-2654

Employer Size

50+

Filing Deadline

730 days

Extended Deadline

— days

Filing Agency

U.S. Department of Labor, Wage and Hour Division

Overview

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons, with continuation of group health insurance coverage. Covered employers include private employers with 50 or more employees within a 75-mile radius, all public agencies, and all public and private elementary and secondary schools. Eligible employees must have worked for the employer for at least 12 months and at least 1,250 hours during the preceding 12 months. FMLA leave may be taken for the birth or adoption of a child, to care for a spouse, child, or parent with a serious health condition, or for the employee's own serious health condition.

Key Provisions

  • Provides up to 12 weeks of unpaid, job-protected leave per 12-month period
  • Qualifying reasons include birth/adoption of a child, serious health condition of employee or family member, and qualifying military exigency
  • Employer must maintain group health insurance during leave on the same terms as if employee continued working
  • Employee must be restored to the same or an equivalent position upon return from leave
  • Prohibits interference with, restraint of, or denial of FMLA rights, and retaliation against employees who exercise them

Available Remedies

Back pay and lost benefitsReinstatement to same or equivalent positionLiquidated damages equal to back pay (for willful violations)Attorney fees and court costsEquitable relief including employment, reinstatement, and promotion

Filing Information

Deadline

2-year statute of limitations (3 years for willful violations); file with DOL or in federal/state court

Agency

U.S. Department of Labor, Wage and Hour Division

Eligibility Notes

  • •Employee must have worked for employer at least 12 months
  • •Must have worked at least 1,250 hours in the 12 months before leave
  • •Employer must have 50+ employees within 75-mile radius
  • •Provides up to 12 weeks unpaid leave per year
  • •Up to 26 weeks for military caregiver leave

Covers These Situations

retaliationwrongful terminationdenial of leave

Protected Characteristics

family medical leaveserious health conditionnewborn care

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This information is provided for educational purposes only and does not constitute legal advice. Laws and regulations are subject to change. Consult a qualified employment attorney for advice about your specific situation. Last reviewed: February 2025.