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?

New Changes to FMLA

Are you an FMLA geek?

Retaliation is not OK under FMLA

Retaliation is not OK under FMLA

Retaliation is not OK under FMLA

Are You Eligable for FMLA

Why You Should Know Your Rights Under FMLA

NDAA and the FMLA

Do You Know Your Rights Under the FMLA?

Retaliation is not OK under FMLA

Do you know? Eligibility for FMLA leave

Faith healing and the FMLA

FMLA: New Forms, New Posters

New Military FMLA Regulations

FMLA amendment goes to President

Do you know? Recertification of FMLA leave

H1N1 Can Trigger FMLA

Tomorrow's NPRM on FMLA

No call, no show, no FMLA

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

DOL Issues New FMLA Forms

Shout Out to the New FMLA Insights Blog

Happy 20th Anniversary FMLA

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

McCormick & Oprah on the FMLA

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



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

Do you know? What are an employer’s rights when an employee fails to give timely notice of 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

DOL's Clarification of "Son and Daughter" FMLA Definition Broadens Category of Employees Who May Take 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

Suits Against the State for FMLA Retaliation Based on Self Care Barred by Sovereign Immunity Says Supreme Court

Coronavirus Update 1-4-2021: DOL approves telemedicine visits to establish a serious health condition under the FMLA

DOL's Wage and Hour Division Issues Guidance on How to Comply with the FMLA and FLSA in Light of Pandemic Flu

Employer's Pretextual Reasons For Discharge Warranted Liquidated Damages for FMLA Violation, Sixth Circuit Rules

Seventh Circuit Finds That Employee Who Traveled to Las Vegas Was Covered By the FMLA in Ballard v. Chicago Park District

Sixth Circuit Reverses Lower Court's Judgment in FMLA Case Clements v. Prudential Protective Services, LLC

Harley Storrings quoted in The Wall Street Journal and Business News Daily on FMLA issues in the wake of Hurricane Sandy

Harley Storrings quoted in The Wall Street Journal and Business News Daily on FMLA issues in the wake of Hurricane Sandy

DOL Releases Proposed Rule Implementing FMLA Amendments Expanding Leave Entitlement for Military Caregivers and Flight Crew Members

Do you know? FMLA & bereavement leave (or, what to do when a supervisors calls an unauthorized leave request “cool”)

7th Circuit concludes employer should have advised injured employee of FMLA rights even after employee went AWOL

How Does FMLA Work and What Should I Know About Hiring Minors for Seasonal Work?

Supreme Court will decide whether FMLA's self-care leave provision abrogated states' 11th amendment immunity

How late is too late for an FMLA medical certification?

DOL Issues Final Rule Implementing FMLA Amendments Expanding Military-Related Leave Entitlements and Availability of Leave for Flight Crew Members

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

Have an Employment Law question?