FMLA
President Clinton signed the Family and Medical Leave Act in 1993. The FMLA provides longer service employees of larger employers the right to take up to 12 weeks from work without losing their job. The FMLA is available to employees who need to care for their own or a family member's serious health condition. Beginning in 2008, a spouse, son, daughter, or parent of an employee who is a member of the military service can take up to 26 weeks of military caregiver or exigency leave. The FMLA does not create a right to compensation. Therefore, FMLA leave is unpaid, unless the employee uses available vacation or sick time.
My Employment Lawyer provides answers to frequently asked questions about the Family and Medical Leave Act to help you evaluate your options if you need time to take off from work. These answers are not a substitute for legal advise. To protect your rights fully, you must consult legal counsel in your state about the Family and Medical Leave Act.
Related Articles from around the web (187)
Employee Could Proceed with FMLA Retaliation Claim Even Though He Never Requested FMLA Leave
FMLA Insights Podcast: When Does Additional Leave Beyond FMLA Need to be Granted?
Retaliation is not OK under FMLA
Retaliation is not OK under FMLA
Retaliation is not OK under FMLA
Why You Should Know Your Rights Under FMLA
Do You Know Your Rights Under the FMLA?
Retaliation is not OK under FMLA
Do you know? Eligibility for FMLA leave
FMLA amendment goes to President
Do you know? Recertification of FMLA leave
Employers Responsibilities under FMLA
When Am I Entitled To Take Leave Under The FMLA?
When Am I Entitled To Take Leave Under The FMLA?
US DOL Proposing New FMLA Regulations
Alternative Treatments, Vacations, and the FMLA
Personal Liability for FMLA Violations
Congress Considering Wider FMLA Protection
FMLA Protection for Part-timers?
FMLA guarantee of reinstatement is never absolute
There are no magic words to invoke the FMLA
Shout Out to the New FMLA Insights Blog
The Modern Meaning of Child under the FMLA
Do you know? Content of FMLA medical certifications
Do you know? FMLA leave for unmarried fathers
Court: Drinking Binge Is Not FMLA
Expanded FMLA Coverage for Servicemembers
FMLA Protection for Part-timers?
How to handle the malingering FMLA abuser
FMLA Protection for Part-timers?
Court: Drinking Binge Is Not FMLA
How to handle the malingering FMLA abuser
FMLA Protection for Part-timers?
Additions to FMLA Proposed in Congress
How to handle the malingering FMLA abuser
The FMLA, the ADA, and no-fault attendance policies
What is an employee’s word for the need for FMLA leave worth? Not much
ADAAA Expands FMLA for Adult Children
Son and Daughter under the FMLA and More strange stories
Do you know? FMLA medical certifications: if you don't ask, then you can't deny
Mailing FMLA Notices to Employees? Not So Fast
No Self-care FMLA Protection for State Employees
DOL to Host Free Webinar on the FMLA
Coronavirus Update 7-22-2020: Telemedicine and the FMLA
Do not forget to tell employees how you are calculating FMLA leave
FMLA Amendments in Defense Authorization Bill
DOL Extends Comment Period on FMLA
Ignorance of the FMLA Is No Excuse; In Fact, It Could Be Evidence
If the employee doesn’t certify, you need not comply (with FMLA)
FMLA Podcast on Military Families Amendments
New FMLA forms, posters, coming next week
The FMLA, the ADA, and no-fault attendance policies
FMLA Insight Podcast: Holiday Edition
FMLA amended to aid airline crews
Facebook foible foils FMLA fight
FMLA now covers same-sex spouses (sort of)
FMLA now covers same-sex spouses (sort of)
Do not force employees to work during FMLA leave
Whose opinion counts for determining “incapacity” under the FMLA?
Just because you’re out on FMLA does not grant you a license to threaten your co-workers
Lori Adelson authors article on FMLA for WestlawNext
Hofstra Conference on the ACA/ADA/FMLA and the Workplace
How Does the Fall of DOMA Impact the FMLA and Other Employee Benefits?
The Supreme Court Rules on Maryland FMLA Case
When Can a Parent Provide FMLA-Covered Care for a Child?
You might want to reconsider if you send your FMLA forms via regular mail
Employee Awarded Large Settlement in FMLA Case
Bill Would Expand FMLA Leave to Smaller Employers
DOL Releases New 20-Year Anniversary Survey of the FMLA
FMLA Anniversary: Celebrating 20 Years of Strengthening Families
Rancho Cucamonga Employment Lawyers Discuss FMLA
When an employee can’t return to work after an FMLA leave
Eighth Circuit Again Deconstructs FMLA Constructive Notice
9th Circuit - Employee Can Opt out of FMLA, Even at Her Peril
Winning the battle but losing the war in FMLA cases
Ninth Circuit Defines FMLA Interference Claim
Calculating the rolling 12-month FMLA leave entitlement
Has the ADA swallowed the FMLA for employee medical leaves?
Ohio MDV for Disability, Race, FMLA and Retaliation
11TH CIRCUIT AFFIRMS DISMISSAL IN 2 FMLA LAWSUITS
MILITARY FAMILIES RECEIVE EXPANDED COVERAGE UNDER THE FMLA
DOL permits FMLA leave for gay parents (and others too)
U.S. DOL Expands Who Can Take FMLA Leave to Care for a Child
FEHC Updates FMLA / CFRA Comparison Chart
Sick Leave Policies, Point Systems and the FMLA
New Law Expands FMLA and NDAA for Military Families
DOL Clarifies Definition of Parents Entitled to FMLA Leave
Ninth Circuit Addresses Successor in Interest Rule Under FMLA
DOL Issues Clarification of FMLA Rights for Same-Sex Spouses
New FMLA Entitlement for Aunts, Uncles, Grandparents, Same-Sex Parents
Employers Required to Display New FMLA Poster by March 8, 2013
Certification harassment? 6th Circuit rejects claim under FMLA
DOL: Employers find it easy to comply with the FMLA. What?!?! [poll]
DOL Issues Guidance on Definition of "Son or Daughter" under FMLA
FMLA to Cover Leave for Gay Partners of Federal Employees
DOL: FMLA leave for same-sex partner's child
BREAKING: FMLA compliance is not as easy as the DOL says [poll results]
FMLA Retaliation Victim Wins Appeal In Sixth Circuit
Facebook Photos Ends FMLA Lawsuit In Favor of Employer
The Supreme Court will Hear Maryland Employee’s Appeal under FMLA
U.S. Supreme Court Holds No Self-Care FMLA Claims Against State
Bill Would Provide FMLA Leave for Victims of Domestic Violence
Public Sector Supervisors Can Be Personally Liable for Violations of the FMLA
Supreme Court Limits State Employees' Protections Under FMLA
FMLA Violated By Employee's Termination, Sixth Circuit Rules
FMLA Insight Podcasts: Intermittent Leave and Medical Inquiries
Can an employer require an employee with a serious health condition to take FMLA leave?
Seeking Treatment For Alcoholism May Entitle Employees To Leave Under The FMLA
FMLA coverage vs. eligibility: Employer notice and recordkeeping requirements
6th Circuit re-affirms mixed-motive causation under the FMLA
Beer, brats and FMLA intermittent leave, ah, summertime has arrived
States Immune from Suit for FMLA Violations Related to Self-Care
DOL Interpretation Letter Expands FMLA Rights to Non-Traditional Families
“Honest belief” isn’t a defense to an FMLA claim, says federal court
Honest belief wins out over dishonest conduct in FMLA retaliation case
Sixth Circuit Reverses Lower Court Decision on FMLA Issue
28 days later? Passage of time justifies recertification of intermittent FMLA leave
FMLA Leave Entitlement May Be Established by Combination of Expert and Lay Testimony
California Court of Appeal: Fitness for Duty OK after Reinstatement from FMLA Leave
Regulatory Agenda: ADA, ADEA, FMLA, and Record Keeping Requirements
Worker With ‘Crying Spells' After Daughter Was Raped Can Bring FMLA Claim
DOL Provides Guidance on Availability of FMLA Leave to Care for Adult Children
FMLA Applies to Leave to Care for Same Sex Partner's Child
Dept. of Labor Clarifies the Definition of In Loco Parentis for FMLA Leave?
Repeated calls from supervisor to employee on medical leave violates FMLA
Termination for Taking Dying Mom to Las Vegas May Violate the FMLA
The FMLA and the honest belief rule: monitoring leave of absence abuse
DOL issues notice of proposed rulemaking to amend FMLA regulations
Sovereign Immunity No Bar To Reinstatement Under FMLA, Sixth Circuit Rules
FMLA Leave Covers Care of Children Regardless Of Age Disability Begins
Bill Would Extend FMLA Benefits and Protections to Additional Family Members
DOL Proposes to Amend FMLA Definition of “Spouse” to Include Same-Sex Marriages
Don’t estop believing: employer backs itself into FMLA claim for ineligible employee
FMLA self-care provision is not enforceable against states - Coleman v. Maryland Court of Appeals
Is an employee entitled to FMLA leave to care for the children of a family member with coronavirus?
Senate-Approved Defense Authorization Bill Extends Military FMLA Leave
FMLA self-care provision is not enforceable against states - Coleman v. Maryland Court of Appeals
DOL Issues Updated Guidance Affirming Rights of Same-Sex Spouses Under the FMLA
Employee Rights Short Takes: Hostile Work Environment, GINA, FMLA And More
The Fair Employment and Housing Commission Updates Its FMLA/CFRA Comparison Chart
Final FMLA Rule on Military and Flight Crews Expansion to Be Published Tomorrow
Is an employer obligated to provide light duty to an employee returning from FMLA leave?
Proposed Rulemaking on Military Family and Airline Flight Crew Provisions of FMLA
Jefferson County Department of Health A State Entity, Immune From Damages Claim Under FMLA
House Passes Bill That Clarifies FMLA Hours of Service Requirement for Airline Employees
Senate Passes Bill that Clarifies FMLA Hours of Service Requirement for Airline Employees
Curbing FMLA Abuse: Policies Restricting an Employee's Travel While on Paid Sick Leave
Lori Adelson writes article for General Counselor blog on amendments to FMLA regulations
Putting the “human” back in human resources (or, how the FMLA covers life-support decisions)
Coronavirus Update 7–22–2021: How the ADA and FMLA apply to Covid long haulers
Mere "discouragement" is enough to state an FMLA interference claim, federal appeals court holds
6th Circuit permits employers to enforce reasonable call-in rules for FMLA leave
6th Circuit permits employers to enforce reasonable call-in rules for FMLA leave
House Passes Bill to Clarify FMLA Hours of Service Requirements for Flight Crews
Bill Introduced in House and Senate Would Expand FMLA Leave for Military Family Members
How Does FMLA Work and What Should I Know About Hiring Minors for Seasonal Work?
How late is too late for an FMLA medical certification?
A termination is not always a termination when the FMLA is involved
When is 1,250 not 1,250? Hours worked versus hours paid for FMLA eligibility