This toolkit provides resources to help employers understand their basic responsibilities under the Family and Medical Leave Act (FMLA) enforced and administered by the U.S. Department of Labor’s Wage and Hour Division (WHD). Some states have labor laws that afford workers additional rights and protections; employers must comply with both federal and state laws.
If you discover past wage or leave mistakes, the PAID program may be able to help.
What you should know
Here are a few key things employers should understand:
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
Eligible employees are entitled to:
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Twelve workweeks of leave in a 12-month period for:
- the birth of a child and to care for the newborn child within one year of birth;
- the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- to care for the employee’s spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job;
- any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
- Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Click below for free printable versions of the FMLA poster and guides.
- Family and Medical Leave Act poster (also available in Spanish) – Required notice for employers subject to the FMLA
- The Employer’s Guide to the Family and Medical Leave Act – A comprehensive guide that walks employers through every step of the process for administering leave under the FMLA, from determining eligibility through employee reinstatement.
- The Employee’s Guide to the Family and Medical Leave Act – A concise handbook to help employees understand their rights and responsibilities under the Family and Medical Leave Act.
- FMLA Military Leave Employee Guide – A concise guide for military families that explains their rights and responsibilities under the Family and Medical Leave Act. (Also available in Spanish)
Still need more guidance? Ask us. WHD provides guidance on how laws apply to specific workplace situations. Request an Opinion Letter.
Learn more about how the laws we enforce apply to your business.
- Wage and Hour Fact Sheets on FMLA – Learn more by reading fact sheets that cover a variety of FMLA topics.
- FMLA Forms – The department has developed optional-use forms which can be used by employers to provide required notices to employees, and by employees to provide certification of their need for leave for an FMLA-qualifying reason.
- FMLA Frequently Asked Questions – Discover answers to the most frequently asked questions about coverage, eligibility, qualifying conditions, intermittent leave and more.
How to Get More Information
If you have questions or need additional information, contact us online or call 1-866-487-9243 between 8 a.m. and 5 p.m. in your time zone.
Last updated on September 24, 2025.