EMPLOYEE RIGHTS AND RESPONSIBILITIES
UNDER THE FAMILY AND MEDICAL LEAVE ACT
Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid,
job-protected leave to eligible employees for the following reasons:
• for incapacity due to pregnancy, prenatal medical care or child birth;
• to care for the employee’s child after birth, or placement for adoption
or foster care;
• to care for the employee’s spouse, son, daughter or parent, who has
a serious health condition; or
• for a serious health condition that makes the employee unable to
perform the employee’s job.
Military Family Leave Entitlements
Eligible employees whose spouse, son, daughter or parent is on covered
active duty or call to covered active duty status may use their 12-week
leave entitlement to address certain qualifying exigencies. Qualifying
exigencies may include attending certain military events, arranging for
alternative childcare, addressing certain nancial and legal arrangements,
attending certain counseling sessions, and attending post-deployment
reintegration briengs.
FMLA also includes a special leave entitlement that permits eligible
employees to take up to 26 weeks of leave to care for a covered service-
member during a single 12-month period. A covered servicemember is:
(1) a current member of the Armed Forces, including a member of the
National Guard or Reserves, who is undergoing medical treatment,
recuperation or therapy, is otherwise in outpatient status, or is otherwise
on the temporary disability retired list, for a serious injury or illness*;
or (2) a veteran who was discharged or released under conditions other
than dishonorable at any time during the ve-year period prior to the
rst date the eligible employee takes FMLA leave to care for the covered
veteran, and who is undergoing medical treatment, recuperation, or
therapy for a serious injury or illness.*
*The FMLA denitions of “serious injury or illness” for
current servicemembers and veterans are distinct from
the FMLA definition of “serious health condition”.
Benets and Protections
During FMLA leave, the employer must maintain the employee’s health
coverage under any “group health plan” on the same terms as if the
employee had continued to work. Upon return from FMLA leave, most
employees must be restored to their original or equivalent positions
with equivalent pay, benets, and other employment terms.
Use of FMLA leave cannot result in the loss of any employment benet
that accrued prior to the start of an employee’s leave.
Eligibility Requirements
Employees are eligible if they have worked for a covered employer for at
least 12 months, have 1,250 hours of service in the previous 12 months*,
and if at least 50 employees are employed by the employer within 75 miles.
*Special hours of service eligibility requirements apply to
airline ight crew employees.
Denition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical
or mental condition that involves either an overnight stay in a medical
care facility, or continuing treatment by a health care provider for a
condition that either prevents the employee from performing the functions
of the employee’s job, or prevents the qualied family member from
participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may
be met by a period of incapacity of more than 3 consecutive calendar days
combined with at least two visits to a health care provider or one visit and
a regimen of continuing treatment, or incapacity due to pregnancy, or
incapacity due to a chronic condition. Other conditions may meet the
denition of continuing treatment.
Use of Leave
An employee does not need to use this leave entitlement in one block.
Leave can be taken intermittently or on a reduced leave schedule when
medically necessary. Employees must make reasonable efforts to schedule
leave for planned medical treatment so as not to unduly disrupt the
employer’s operations. Leave due to qualifying exigencies may also be
taken on an intermittent basis.
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid
leave while taking FMLA leave. In order to use paid leave for FMLA
leave, employees must comply with the employer’s normal paid leave
policies.
Employee Responsibilities
Employees must provide 30 days advance notice of the need to take
FMLA leave when the need is foreseeable. When 30 days notice is not
possible, the employee must provide notice as soon as practicable and
generally must comply with an employer’s normal call-in procedures.
Employees must provide sufcient information for the employer to determine
if the leave may qualify for FMLA protection and the anticipated timing
and duration of the leave. Sufcient information may include that the
employee is unable to perform job functions, the family member is unable
to perform daily activities, the need for hospitalization or continuing
treatment by a health care provider, or circumstances supporting the need
for military family leave. Employees also must inform the employer if
the requested leave is for a reason for which FMLA leave was previously
taken or certied. Employees also may be required to provide a certication
and periodic recertication supporting the need for leave.
Employer Responsibilities
Covered employers must inform employees requesting leave whether
they are eligible under FMLA. If they are, the notice must specify any
additional information required as well as the employees’ rights and
responsibilities. If they are not eligible, the employer must provide a
reason for the ineligibility.
Covered employers must inform employees if leave will be designated
as FMLA-protected and the amount of leave counted against the employee’s
leave entitlement. If the employer determines that the leave is not
FMLA-protected, the employer must notify the employee.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
• interfere with, restrain, or deny the exercise of any right provided
under FMLA; and
• discharge or discriminate against any person for opposing any practice
made unlawful by FMLA or for involvement in any proceeding under
or relating to FMLA.
Enforcement
An employee may le a complaint with the U.S. Department of Labor
or may bring a private lawsuit against an employer.
FMLA does not affect any Federal or State law prohibiting discrimination,
or supersede any State or local law or collective bargaining agreement
which provides greater family or medical leave rights.
FMLA section 109 (29 U.S.C. § 2619) requires FMLA
covered employers to post the text of this notice. Regulation
29 C.F.R. § 825.300(a) may require additional disclosures.
For additional information:
1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627
WWW.WAGEHOUR.DOL.GOV
U.S. Department of Labor Wage and Hour Division
WHD Publication 1420 · Revised February 2013
