FMLA Questions, Answered

To be eligible for FMLA, you must: (1) work for a covered employer (50+ employees within 75 miles), (2) have worked for your employer for at least 12 months, (3) have worked at least 1,250 hours during the 12 months before leave begins, and (4) work at a location with 50+ employees within a 75-mile radius.

Federal FMLA only applies to employers with 50 or more employees. However, many states have their own family leave laws that cover smaller employers. Check your state laws—some cover employers with as few as 1-25 employees.

Part-time employees can qualify if they meet the 1,250 hours requirement. This averages to about 24 hours per week over 12 months. Track your hours carefully to ensure you meet this threshold.

Eligible employees can take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for most qualifying reasons. Military caregiver leave provides up to 26 workweeks in a single 12-month period.

Yes, when medically necessary. You can take leave in separate blocks of time or work a reduced schedule. Your employer can require you to transfer temporarily to an equivalent position that better accommodates intermittent leave.

Employers can use one of four methods: (1) calendar year, (2) any fixed 12-month period, (3) 12 months from the first day you use FMLA, or (4) a rolling 12-month period measured backward. Ask your HR department which method your employer uses.

Yes. You have the right to be restored to the same job or an equivalent position with the same pay, benefits, and working conditions when you return from FMLA leave. Your employer cannot fire, demote, or retaliate against you for taking FMLA leave.

You cannot be fired because you took FMLA leave. However, FMLA does not protect you from layoffs or terminations that would have occurred regardless of your leave. If your position is eliminated company-wide, that may be lawful.

Your employer must maintain your group health insurance coverage during FMLA leave under the same terms as if you were still working. You remain responsible for your share of premium payments.

The main forms are: WH-380-E (for your own serious health condition), WH-380-F (for a family member's condition), WH-381 (eligibility notice from employer), WH-384 (military qualifying exigency), and WH-385 (military caregiver). Use our Form Finder to get the right form.

You have 15 calendar days to return a completed medical certification form. If it's incomplete, your employer must give you 7 calendar days to cure any deficiency. Act quickly—failure to provide certification may result in leave denial.

Your employer's HR representative (not your direct supervisor) may contact your healthcare provider to clarify or authenticate certification. They cannot request additional information beyond what's on the form.

Federal FMLA provides unpaid leave only. However, your employer may require (or you may choose) to substitute accrued paid leave (vacation, sick time, PTO) for unpaid FMLA leave. Some states have paid family leave programs that provide wage replacement.

Yes. You can use accrued paid leave concurrently with FMLA. Your employer may require this substitution if they have a written policy. The leave still counts against your 12-week FMLA entitlement.

A serious health condition includes: inpatient care (overnight hospital stay), incapacity for more than 3 consecutive days plus ongoing treatment, pregnancy, chronic conditions requiring periodic treatment, or permanent/long-term conditions requiring supervision.

Yes. Mental health conditions (depression, anxiety, PTSD, etc.) qualify as serious health conditions if they involve inpatient care or continuing treatment by a healthcare provider. Mental health is treated the same as physical health under FMLA.

For FMLA, family includes your spouse, son or daughter (under 18, or 18+ if incapable of self-care), and parent. It does NOT include siblings, grandparents, or in-laws under federal FMLA, though some states have broader definitions.