The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same terms and conditions as if the employee had not taken leave. Check with your State Labor Department to determine if you have additional or greater protections under state law.

What Does the FMLA Provide?

For eligible employees, up to 12 workweeks of leave in a 12-month period for any of the following qualifying reasons:

  • 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 functions of his or her job, and
  • 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 call to covered active duty status.

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness may take up to 26 workweeks of leave during a single 12-month period to care for the servicemember.

Eligible employees may use FMLA leave intermittently or on a reduced schedule when medically necessary and for qualifying exigencies. An employee also may use FMLA leave intermittently or on a reduced leave schedule for bonding with a newborn or newly placed child when the employer and employee agree.

The FMLA applies to covered employers, which include:

  • Private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or the previous calendar year,
  • Public agencies (including federal, state, and local government employers), regardless of the number of employees, and
  • Local educational agencies (including public school boards, public elementary and secondary schools, and private elementary and secondary schools), regardless of the number of employees.

Learn more about when two (or more) businesses may simultaneously employ an employee.

Employees are eligible if they:

  • Work for a covered employer for at least 12 months,
  • Have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and
  • Work at a location where the employer has at least 50 employees within 75 miles.

In determining employee eligibility, the Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that a person reemployed under its provisions be given credit for months and hours of service he or she would have been employed but for the USERRA-covered service.

Airline flight crew employees have special hours of service eligibility requirements.

The FMLA provides job-protected leave from work for certain qualifying family and medical reasons.

An eligible employee may take up to 12 workweeks of leave in a 12-month period for:

An eligible employee may take up to 26 workweeks of military caregiver leave during a single 12-month period if the employee is the child, parent, spouse, or next of kin of a:

Family Relationships under the FMLA

Child means a biological, adopted or foster child, stepchild, legal ward, or child of a person standing in loco parentis (in the role of a parent), who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability at the time that FMLA leave is to commence. For military family leave, the child of an eligible employee may be of any age.

Parent means a biological, adoptive, step or foster parent, or any other individual who stood in loco parentis (in the role of a parent) to the employee when the employee was a child. This term does not include parents-in-law.

Spouse means a husband or wife as defined or recognized in the state where the individual was married and includes a same-sex or common law marriage. Spouse also includes a husband or wife in a marriage that was validly entered into outside of the United States if the marriage could have been entered into in at least one state.

Next of kin, which only applies to military caregiver leave, is the nearest blood relative, other than the servicemember's spouse, parent, or child.

Eligible employees are entitled to up to 12 workweeks of leave in a 12-month period and up to 26 workweeks of military caregiver leave during a single 12-month period. 

Employees may use FMLA leave in whole weeks, single days, hours, or in some cases less than an hour. When an employee takes FMLA leave for less than one full workweek, the amount of leave used is determined as a proportion of the employee's actual workweek. Only the amount of leave an employee actually takes from work may be counted against an employee's FMLA leave entitlement.

Special rules apply to:

Using intermittent FMLA leave means taking FMLA leave periodically in separate blocks of time due to a single qualifying reason. Using reduced schedule FMLA leave means taking FMLA leave while working fewer hours per workweek or workday.

An eligible employee may take FMLA leave on an intermittent or reduced schedule basis when medically necessary for the:

An eligible employee may also use intermittent or reduced schedule leave for qualifying exigencies when a family member is on covered active duty or under an impending call to covered active duty.

An eligible employee may not take intermittent leave for the birth or placement of a child unless the employer agrees to the arrangement.

FMLA Interpretive Guidance:
Field Assistance Bulletins:

 

Featured FMLA Resources

  • FMLA Forms

    FMLA Forms

    Employers may use WHD forms to inform employees of their rights and request certifications.

  • Employer Guide (PDF)

    Employer Guide

    Comprehensive resource for leave administrators.

  • Employees

    Employees

    How to talk to your employer to request time off under the FMLA.

  • Employee Guide to Military Family Leave (PDF)

    Employee Guide to Military Family Leave

    Read about qualifying exigency and military caregiver leave under the FMLA.

  • FMLA Poster (PDF)

    FMLA Poster

    Free posters that meet FMLA posting requirements.

  • FMLA Videos

    FMLA Videos

    Watch videos with FMLA guidance and answers to common questions.

Order printed FMLA posters and guides for employers and employees.

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Last updated on December 9, 2025.

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