10 Common FMLA Myths Debunked

Introduction

FMLA is widely misunderstood—by employees and employers alike. These myths can prevent you from using leave you've earned or create false expectations. Let's set the record straight.

Myth 1: FMLA Is Paid Leave

**Reality:** FMLA is unpaid. It only guarantees job protection and continued health insurance. Wage replacement comes from other sources: - State paid family leave programs - Short-term disability - Employer policies - Accrued PTO

Myth 2: All Employers Must Offer FMLA

**Reality:** Only employers with **50+ employees** within 75 miles are covered. Small businesses are exempt from federal FMLA—though state laws may apply.

Myth 3: You Have to Say "FMLA" to Get It

**Reality:** You don't need to specifically request "FMLA leave." Providing enough information for your employer to recognize you may need protected leave triggers their obligation to offer FMLA.

Myth 4: Your Employer Can Deny FMLA If It's Inconvenient

**Reality:** If you're eligible and have a qualifying reason, your employer **cannot deny** FMLA leave. Business needs don't override your legal right.

Myth 5: You Can Be Fired for Taking FMLA Leave

**Reality:** Termination for taking FMLA leave is illegal retaliation. However, you can be terminated for reasons unrelated to leave (layoffs, documented performance issues, policy violations).

Myth 6: FMLA Covers Any Family Member

**Reality:** FMLA only covers: - Spouse - Parent - Child (under 18 or adult disabled child)

In-laws, grandparents, siblings, and domestic partners are **not covered** under federal FMLA.

Myth 7: You Get 12 Weeks Every Year No Matter What

**Reality:** Your employer's calculation method determines when your 12 weeks reset. Under the "rolling" method, leave replenishes gradually—you don't get a fresh 12 weeks on January 1.

Myth 8: Intermittent Leave Is Always Available

**Reality:** Intermittent leave is automatic only when medically necessary. For bonding leave (new child), you need employer agreement to take it intermittently.

Myth 9: Your Doctor's Word Is Final

**Reality:** Your employer can: - Request clarification on certification - Require a second opinion (at their expense) - Ask for recertification periodically

They can't contact your doctor directly, but they have some oversight rights.

Myth 10: FMLA Protects Your Exact Job

**Reality:** You're entitled to your same position **or** an equivalent position with: - Same pay - Same benefits - Same duties/responsibilities

An equivalent position is acceptable under the law.

Conclusion

Knowing the truth about FMLA helps you use it effectively and protect yourself. Don't let myths stop you from taking leave you're entitled to.

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*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*