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FMLA

Federal law providing eligible employees up to 12 weeks of unpaid, job-protected leave annually for qualifying family and medical reasons.

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FAQs

Can an employer deny FMLA leave?

Eligible employees at covered employers have a federal right to FMLA leave for qualifying reasons—employers cannot deny a properly requested FMLA leave by an eligible employee for a qualifying condition. Employers can require proper documentation (medical certification), can designate leave as FMLA even if the employee doesn't specifically request it, can require second or third medical opinions for contested certifications, and can enforce uniform leave policies (call-in procedures, certification deadlines). What employers cannot do is deny leave outright, discourage its use, or condition approval on factors unrelated to eligibility. Denying FMLA leave to an eligible employee for a qualifying reason violates federal law.

What is the interaction between FMLA and state-paid family leave laws?

Many states have paid family and medical leave (PFML) laws that run concurrently with FMLA—the state leave often pays wage replacement (typically 60–90% of prior earnings up to a cap) during the otherwise unpaid FMLA period. Employers can require FMLA leave and state paid leave to run simultaneously, not consecutively. States with comprehensive PFML programs include California (CA-PFL), New York (NY PFL), Washington (WA PFML), Massachusetts, New Jersey, and others. Some state laws cover employees at smaller employers than FMLA (covering employers with fewer than 50 employees), effectively extending protections to more workers than federal FMLA alone. Employers must track leave designations across both federal and applicable state programs simultaneously.

What documentation can employers require for FMLA leave?

Employers can require a medical certification from the employee's healthcare provider on a DOL-approved form (or equivalent) confirming the qualifying serious health condition and its expected duration. Employers have 5 business days to request certification; employees have 15 calendar days to provide it. For intermittent FMLA leave for a chronic condition, recertification can be requested every 6 months or when circumstances change. Employers cannot ask for a diagnosis or more information than needed to determine whether the condition qualifies. Employers can require employees to use FMLA for absences related to their qualifying condition even if the employee doesn't mention FMLA—the employer must designate leave as FMLA if they have sufficient information to recognize a qualifying reason.

Related Terms

ADA Compliance

Adherence to the Americans with Disabilities Act prohibiting discrimination and requiring reasonable accommodations.

Workers' Compensation

State-mandated insurance providing medical and wage benefits to employees injured or ill due to work.

COBRA Continuation

Federal law allowing employees to continue group health coverage after leaving employment by paying full premiums.

FLSA Compliance

Adherence to Fair Labor Standards Act requirements for minimum wage, overtime pay, and recordkeeping.

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The Family and Medical Leave Act (FMLA) is a federal law requiring covered employers to provide eligible employees up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons, with continuation of group health insurance during the leave. Upon return, the employee is entitled to the same or equivalent position with equivalent pay, benefits, and working conditions.

Covered employers: private employers with 50+ employees within 75 miles of the employee's worksite; all public agency employers; and all public schools. Eligible employees must have worked for the employer for at least 12 months, have at least 1,250 hours of service in the preceding 12 months, and work at a location with 50+ employees within 75 miles.

Qualifying reasons: serious health condition of the employee (inability to work due to illness, injury, or impairment requiring medical treatment or incapacity for 3+ days); care for a spouse, child, or parent with a serious health condition; birth, adoption, or foster placement of a child; qualifying military exigencies; and care for a covered servicemember (up to 26 weeks per year).

FMLA leave can be taken continuously (all at once), intermittently (individual days or partial days for a chronic condition requiring ongoing treatment), or on a reduced schedule. Employers can require employees to use accrued paid leave (vacation, sick, PTO) concurrently with FMLA leave.

FMLA violations include: discouraging employees from taking leave, retaliating against employees who request or take FMLA leave, interfering with FMLA rights, and failing to properly designate leave as FMLA. Remedies include lost wages, employment benefits, and liquidated damages.