FMLA: Your Right to Job-Protected Leave

To qualify for FMLA leave, you must meet ALL of these requirements:

• Employer size: Your employer has 50 or more employees within a 75-mile radius (29 U.S.C. § 2611(2)(B)(ii))
• Employment duration: You have worked for this employer for at least 12 months, not necessarily consecutive (29 U.S.C. § 2611(2)(A)(i))
• Hours worked: You have worked at least 1,250 hours in the past 12 months, approximately 24 hours per week (29 U.S.C. § 2611(2)(A)(ii))
• Qualifying reason: You need leave for one of the four reasons listed above

Under 29 C.F.R. § 825.113, a "serious health condition" includes any condition that involves continuing treatment by a healthcare provider. This explicitly covers:

• Depression, anxiety disorders, and PTSD
• Bipolar disorder, OCD, and personality disorders
• Substance use disorders (when seeking treatment)
• Conditions requiring therapy, medication management, or psychiatric care
• Episodic conditions (flares count even if you feel fine between them)

FMLA is not only for your own health. You can take up to 12 weeks to care for a spouse, child, or parent with a serious health condition (29 U.S.C. § 2612(a)(1)(C)).

• Covered family members: Spouse, son or daughter (any age if incapable of self-care due to disability), and parent
• "In loco parentis" relationships: You do not need a biological or legal relationship. If you stand "in loco parentis" to a child, or a person stood in that role for you, FMLA applies (29 C.F.R. § 825.122)
• What counts: Providing physical care, psychological comfort, arranging third-party care, or filling in for other care arrangements

FMLA provides 12 weeks for birth, adoption, or foster care placement and bonding with a new child (29 U.S.C. § 2612(a)(1)(A)-(B)).

• Both parents eligible: Each parent gets their own 12 weeks if both work for covered employers
• Timing: Bonding leave must be taken within 12 months of the birth or placement
• Schedule: Must be taken as a continuous block unless your employer agrees to intermittent use
• Adoption and foster care: Same rights as birth parents, including time off for pre-placement activities

You do not have to take all 12 weeks at once. Under 29 C.F.R. § 825.202, FMLA leave can be taken intermittently when medically necessary:

• Therapy and medication management appointments
• Days when symptoms are too severe to work
• Reduced schedule during recovery periods
• Sensory recovery time for neurodivergent conditions
• Travel time to and from medical appointments counts as FMLA time
• Your employer cannot count FMLA absences against you under attendance or points-based policies

• Notice: Provide you with an eligibility and rights-and-responsibilities notice (WH-381) within 5 business days of your request (29 C.F.R. § 825.300(b)-(c))
• Health insurance: Maintain your group health coverage on the same terms as if you were still working (29 U.S.C. § 2614(c)(1))
• Reinstatement: Restore you to the same or an equivalent position with equivalent pay, benefits, and terms (29 U.S.C. § 2614(a)(1))
• No attendance penalties: Not count FMLA leave as an absence for attendance or discipline policies

FMLA ran out? Your 12 weeks are up, but the ADA and PWFA can provide additional leave and accommodations. Learn about post-FMLA rights

Under 29 U.S.C. § 2615, your employer cannot retaliate against you for requesting or taking FMLA leave. Retaliation includes:

• Termination or demotion
• Negative performance reviews timed to your leave
• Reduced hours or responsibilities
• Hostile treatment or isolation
• Discouraging you from using FMLA leave

FMLA denied? If your employer rejected your leave request, you have options. 5 steps to appeal