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 (188)
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?
Why You Should Know Your Rights Under FMLA
Retaliation is not OK under FMLA
Retaliation is not OK under FMLA
Retaliation is not OK under FMLA
Do You Know Your Rights Under the FMLA?
Retaliation is not OK under FMLA
Employers Responsibilities under FMLA
FMLA amendment goes to President
When Am I Entitled To Take Leave Under The FMLA?
Do you know? Eligibility for FMLA leave
When Am I Entitled To Take Leave Under The FMLA?
Do you know? Recertification of FMLA leave
How to handle the malingering FMLA abuser
Do you know? Content of FMLA medical certifications
Shout Out to the New FMLA Insights Blog
Do you know? FMLA leave for unmarried fathers
FMLA Protection for Part-timers?
Alternative Treatments, Vacations, and the FMLA
Personal Liability for FMLA Violations
Congress Considering Wider FMLA Protection
How to handle the malingering FMLA abuser
How to handle the malingering FMLA abuser
FMLA Protection for Part-timers?
FMLA Protection for Part-timers?
There are no magic words to invoke the FMLA
Additions to FMLA Proposed in Congress
Expanded FMLA Coverage for Servicemembers
Court: Drinking Binge Is Not FMLA
Court: Drinking Binge Is Not FMLA
FMLA guarantee of reinstatement is never absolute
The Modern Meaning of Child under the FMLA
FMLA Protection for Part-timers?
US DOL Proposing New FMLA Regulations
Do you know? FMLA medical certifications: if you don't ask, then you can't deny
ADAAA Expands FMLA for Adult Children
Son and Daughter under the FMLA and More strange stories
DOL to Host Free Webinar on the FMLA
New FMLA forms, posters, coming next week
If the employee doesn’t certify, you need not comply (with FMLA)
DOL Extends Comment Period on FMLA
Facebook foible foils FMLA fight
Do not forget to tell employees how you are calculating FMLA leave
What is an employee’s word for the need for FMLA leave worth? Not much
No Self-care FMLA Protection for State Employees
The FMLA, the ADA, and no-fault attendance policies
FMLA now covers same-sex spouses (sort of)
Coronavirus Update 7-22-2020: Telemedicine and the FMLA
Whose opinion counts for determining “incapacity” under the FMLA?
FMLA Amendments in Defense Authorization Bill
Do not force employees to work during FMLA leave
FMLA now covers same-sex spouses (sort of)
FMLA Insight Podcast: Holiday Edition
Ignorance of the FMLA Is No Excuse; In Fact, It Could Be Evidence
Mailing FMLA Notices to Employees? Not So Fast
FMLA Podcast on Military Families Amendments
The FMLA, the ADA, and no-fault attendance policies
FMLA amended to aid airline crews
You might want to reconsider if you send your FMLA forms via regular mail
Just because you’re out on FMLA does not grant you a license to threaten your co-workers
Winning the battle but losing the war in FMLA cases
Employee Awarded Large Settlement in FMLA Case
11TH CIRCUIT AFFIRMS DISMISSAL IN 2 FMLA LAWSUITS
New Law Expands FMLA and NDAA for Military Families
The Supreme Court Rules on Maryland FMLA Case
MILITARY FAMILIES RECEIVE EXPANDED COVERAGE UNDER THE FMLA
FEHC Updates FMLA / CFRA Comparison Chart
Rancho Cucamonga Employment Lawyers Discuss FMLA
When Can a Parent Provide FMLA-Covered Care for a Child?
Bill Would Expand FMLA Leave to Smaller Employers
How Does the Fall of DOMA Impact the FMLA and Other Employee Benefits?
Sick Leave Policies, Point Systems and the FMLA
U.S. DOL Expands Who Can Take FMLA Leave to Care for a Child
Eighth Circuit Again Deconstructs FMLA Constructive Notice
DOL permits FMLA leave for gay parents (and others too)
Hofstra Conference on the ACA/ADA/FMLA and the Workplace
Ninth Circuit Defines FMLA Interference Claim
9th Circuit - Employee Can Opt out of FMLA, Even at Her Peril
Has the ADA swallowed the FMLA for employee medical leaves?
Ohio MDV for Disability, Race, FMLA and Retaliation
FMLA Anniversary: Celebrating 20 Years of Strengthening Families
When an employee can’t return to work after an FMLA leave
DOL Releases New 20-Year Anniversary Survey of the FMLA
Lori Adelson authors article on FMLA for WestlawNext
Calculating the rolling 12-month FMLA leave entitlement
DOL Issues Guidance on Definition of "Son or Daughter" under FMLA
DOL Issues Clarification of FMLA Rights for Same-Sex Spouses
Beer, brats and FMLA intermittent leave, ah, summertime has arrived
BREAKING: FMLA compliance is not as easy as the DOL says [poll results]
Can an employer require an employee with a serious health condition to take FMLA leave?
Certification harassment? 6th Circuit rejects claim under FMLA
Employers Required to Display New FMLA Poster by March 8, 2013
DOL: Employers find it easy to comply with the FMLA. What?!?! [poll]
FMLA Violated By Employee's Termination, Sixth Circuit Rules
FMLA coverage vs. eligibility: Employer notice and recordkeeping requirements
Seeking Treatment For Alcoholism May Entitle Employees To Leave Under The FMLA
Public Sector Supervisors Can Be Personally Liable for Violations of the FMLA
FMLA to Cover Leave for Gay Partners of Federal Employees
DOL: FMLA leave for same-sex partner's child
The Supreme Court will Hear Maryland Employee’s Appeal under FMLA
Bill Would Provide FMLA Leave for Victims of Domestic Violence
Facebook Photos Ends FMLA Lawsuit In Favor of Employer
States Immune from Suit for FMLA Violations Related to Self-Care
New FMLA Entitlement for Aunts, Uncles, Grandparents, Same-Sex Parents
Supreme Court Limits State Employees' Protections Under FMLA
6th Circuit re-affirms mixed-motive causation under the FMLA
FMLA Retaliation Victim Wins Appeal In Sixth Circuit
Ninth Circuit Addresses Successor in Interest Rule Under FMLA
U.S. Supreme Court Holds No Self-Care FMLA Claims Against State
FMLA Insight Podcasts: Intermittent Leave and Medical Inquiries
DOL Clarifies Definition of Parents Entitled to FMLA Leave
Worker With ‘Crying Spells' After Daughter Was Raped Can Bring FMLA Claim
Repeated calls from supervisor to employee on medical leave violates FMLA
28 days later? Passage of time justifies recertification of intermittent FMLA leave
Bill Would Extend FMLA Benefits and Protections to Additional Family Members
Dept. of Labor Clarifies the Definition of In Loco Parentis for FMLA Leave?
DOL Interpretation Letter Expands FMLA Rights to Non-Traditional Families
FMLA Applies to Leave to Care for Same Sex Partner's Child
California Court of Appeal: Fitness for Duty OK after Reinstatement from FMLA Leave
Termination for Taking Dying Mom to Las Vegas May Violate the FMLA
DOL issues notice of proposed rulemaking to amend FMLA regulations
“Honest belief” isn’t a defense to an FMLA claim, says federal court
Sixth Circuit Reverses Lower Court Decision on FMLA Issue
Regulatory Agenda: ADA, ADEA, FMLA, and Record Keeping Requirements
Sovereign Immunity No Bar To Reinstatement Under FMLA, Sixth Circuit Rules
The FMLA and the honest belief rule: monitoring leave of absence abuse
DOL Provides Guidance on Availability of FMLA Leave to Care for Adult Children
Honest belief wins out over dishonest conduct in FMLA retaliation case
FMLA Leave Covers Care of Children Regardless Of Age Disability Begins
FMLA Leave Entitlement May Be Established by Combination of Expert and Lay Testimony
DOL Issues Updated Guidance Affirming Rights of Same-Sex Spouses Under the FMLA
The Fair Employment and Housing Commission Updates Its FMLA/CFRA Comparison Chart
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
DOL Proposes to Amend FMLA Definition of “Spouse” to Include Same-Sex Marriages
Employee Rights Short Takes: Hostile Work Environment, GINA, FMLA And More
Final FMLA Rule on Military and Flight Crews Expansion to Be Published Tomorrow
FMLA self-care provision is not enforceable against states - Coleman v. Maryland Court of Appeals
Proposed Rulemaking on Military Family and Airline Flight Crew Provisions of FMLA
FMLA self-care provision is not enforceable against states - Coleman v. Maryland Court of Appeals
Is an employer obligated to provide light duty to an employee returning from FMLA leave?
Don’t estop believing: employer backs itself into FMLA claim for ineligible employee
Lori Adelson writes article for General Counselor blog on amendments to FMLA regulations
House Passes Bill to Clarify FMLA Hours of Service Requirements for Flight Crews
Jefferson County Department of Health A State Entity, Immune From Damages Claim Under FMLA
Bank properly terminates misbehaving employee despite FMLA leave, 6th Circuit holds
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
6th Circuit permits employers to enforce reasonable call-in rules for FMLA leave
Coronavirus Update 7–22–2021: How the ADA and FMLA apply to Covid long haulers
6th Circuit permits employers to enforce reasonable call-in rules for FMLA leave
Mere "discouragement" is enough to state an FMLA interference claim, federal appeals court holds
Bill Introduced in House and Senate Would Expand FMLA Leave for Military Family Members
Curbing FMLA Abuse: Policies Restricting an Employee's Travel While on Paid Sick Leave
Putting the “human” back in human resources (or, how the FMLA covers life-support decisions)
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