FMLA Family and Medical Leave Act of 1993

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FMLA Family and Medical Leave Act of 1993

What Is FMLA?

The Family and Medical Leave Act (FMLA) is a federal labor law enacted in 1993 that gives eligible employees the right to take unpaid, job-protected leave for specific family or medical reasons—without the fear of losing their job or health insurance.

FMLA was signed into law by President Bill Clinton on February 5, 1993, after years of advocacy by labor groups and family rights organizations. It was the first major bill Clinton signed as president, and it marked a pivotal shift toward supporting work-life balance and caregiving responsibilities in the U.S. workplace.

How Does FMLA Work?

Once approved, FMLA provides eligible employees with up to 12 workweeks of unpaid, job-protected leave within a 12-month period. For certain military caregiver situations, the leave can extend up to 26 weeks.

Notify Your Employer

If you know in advance that you'll need leave (for example, a planned surgery or childbirth), you are required to give your employer at least 30 days' notice.

If the need for leave is unexpected (such as an emergency hospitalization), notify your employer as soon as possible—ideally within a day or two of learning about the need.

Submit Required Documentation

After you request FMLA, your employer may require you to submit a medical certification or official documentation within 15 calendar days. This form must include:

• Details of the medical condition or qualifying event
• Dates and expected duration of the leave
• Explanation of why the leave is medically necessary (if applicable)

For military-related leave, specific certifications are also required.

Employer Response and Eligibility Confirmation

Once the documentation is received:

• Your employer must confirm your eligibility within 5 business days.
• If you're eligible, they will provide a designation notice to let you know whether your leave is approved and counted under FMLA.
• If you're not eligible, they must explain why.

Employers may also require periodic updates or recertification, especially for long or intermittent leaves.

Leave Options

Depending on your needs and medical situation, FMLA can be taken in different formats:

• Continuous Leave: Taken in one uninterrupted block (e.g., 6 weeks after childbirth)
• Intermittent Leave: Taken in separate blocks of time (e.g., a few days each month for treatment)
• Reduced Schedule: You work fewer hours each day or week temporarily

Not all employers are required to allow intermittent leave unless it's medically necessary, especially for bonding time with a new child.

What Conditions Qualify for FMLA Leave?

FMLA only applies to specific personal or family health and life events. These are considered "qualifying reasons."

You can use FMLA for:

1. The birth of a child and bonding with the newborn
2. Adoption or foster care placement of a child
3. Caring for a spouse, parent, or child with a serious health condition
4. A personal serious health condition that prevents you from working
5. Military family leave for qualifying exigencies (e.g., deployment) or to care for an injured service member

What Counts as a Serious Health Condition?

• Hospitalization or inpatient care
• Ongoing treatment (e.g., cancer, chronic conditions like diabetes, mental health conditions)
• Conditions causing incapacity for more than 3 consecutive days and requiring medical treatment

Who Is Eligible for FMLA Leave?

Not every employee qualifies. You must meet all of the following requirements:

• Worked for your employer for at least 12 months
• Logged at least 1,250 hours in the past 12 months (about 24 hours/week average)
• Work at a location where the employer has 50+ employees within a 75-mile radius

FMLA applies to private-sector employers with 50+ employees, as well as public agencies and schools, regardless of size.

How to Get Paid While on FMLA?

The Family and Medical Leave Act (FMLA) provides valuable job protection, but it does not guarantee paid leave. However, that doesn’t mean you have to go unpaid. Many employees are able to receive income during their FMLA leave through a combination of employer benefits, insurance, or state-run programs.

Below are the most common ways to get paid while on FMLA:

1. Use Accrued Paid Leave (PTO, Sick Leave, or Vacation Days)

Most employers allow (or even require) you to use any accrued paid time off (PTO) during your FMLA leave. This includes:

• Vacation time
• Sick leave
• Personal days

This can help maintain your income during your unpaid leave period. It's a good idea to plan ahead and save PTO if you anticipate needing FMLA.

Note: Employers may require that paid leave be used concurrently with FMLA.

2. Short-Term Disability Insurance

If you're taking FMLA for your own medical condition (e.g., surgery recovery, childbirth, or serious illness), you may qualify for short-term disability (STD) insurance, which typically pays a percentage of your salary (usually 50%–70%).

STD benefits are not automatic—they must be applied for and often require documentation from a healthcare provider.

This is commonly used for maternity leave, recovery from surgery, or extended illness.

Check if your employer offers this benefit or if you’ve enrolled in a private plan.

3. State-Paid Family Leave Programs

Some states have laws that guarantee paid family leave, separate from FMLA but often used alongside it.

As of now, the following states offer paid family and medical leave:

• California – Paid Family Leave (PFL)
• New York – Paid Family Leave (NYPFL)
• New Jersey – Family Leave Insurance (FLI)
• Washington – Paid Family and Medical Leave (PFML)
• Massachusetts, Connecticut, Oregon, Colorado, Rhode Island, and D.C. also have similar programs

Each state program differs in:

• Eligibility rules
• Benefit amount and duration
• Covered reasons for leave

Visit your state’s Department of Labor or paid leave program website for details.

4. Employer-Provided Paid Leave Policies

Some employers offer their own paid parental leave or medical leave policies, separate from or in addition to FMLA.

These may include:

• Paid maternity/paternity leave
• Paid family caregiving leave
• Company-funded medical leave plans

These benefits are voluntary, so check your employee handbook or speak with HR to learn what's available at your workplace.

Important Notes:

You cannot be forced to take paid leave unless your employer has a policy that mandates it.

You can’t double dip—in other words, if you’re receiving state benefits, you usually can’t also receive employer-paid leave for the same time period unless the benefits are coordinated.

FMLA leave and paid leave can often run concurrently, meaning they happen at the same time, but it depends on your employer’s policy and state law.