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FMLA — Family & Medical Leave

Eligible employees can take up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, new children, or qualifying military family needs.

Who's eligible

You must work for a covered employer (50+ employees within 75 miles), have been there at least 12 months, and have worked at least 1,250 hours in the past 12 months. Smaller employers may be covered by state equivalents.

What FMLA leave covers

The birth, adoption, or foster placement of a child; your own serious health condition; caring for a spouse, child, or parent with a serious health condition; and certain situations tied to a family member's military service.

Your job protection

When you return, you're entitled to the same job or a virtually identical one — same pay, benefits, schedule, location, and duties. Your health insurance must continue on the same terms during leave.

Red flags to watch for

  • Being discouraged from taking leave you're entitled to
  • Returning to a worse job, schedule, or pay
  • Discipline or termination tied to leave-related absences
  • Pressure to keep working while on approved leave

Next up

Reasonable Accommodations

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Sources: EEOC.gov, EEOC Field Manual, and federal employment statutes. Informational only — not legal advice.