Overview
This topic provides an overview of the federal Family and Medical Leave Act (FMLA) and similar state laws regarding protected leaves of absence. It includes all current and future effective laws as well as upcoming changes to existing laws. In states that have their own law, make sure to still carefully review federal law. Provisions within the federal FMLA will apply when the state law is silent on the provision or if the provision is less stringent under state law. Please seek the advice of experienced employment counsel for any questions about potential conflicts in state and federal law.
Questions Answered
- What employers are covered by family or medical leave requirements?
- Which employees are eligible for family or medical leave?
- What are permissible reasons for family or medical leave?
- How much time can an employee take for family or medical leave?
- Can employees take family or medical leave on a reduced schedule or intermittent basis?
- What notice must an employer provide employees about their rights under family or medical leave?
- Is an employer required to reinstate an employee to the same or similar position following family or medical leave?
- What benefits and compensation must an employer provide an employee during family or medical leave?
- What does the law say about discrimination, interference, or retaliation?
- What notice is an employee required to give prior to taking family or medical leave?
- Can an employer require an employee to provide certification regarding the need for family or medical leave?
- Can the employee elect, or can the employer require the employee, to substitute the employee’s accrued paid time off for a part of the family or medical leave?
- Can an employer require an employee to provide a release or return to work certification prior to resuming work following family or medical leave?
Additional Information
This topic covers the following types of leave:
- The birth of a child or placement of a child with an employee through adoption or foster care
- Care for a family member with a serious health condition (Note: Some states have expanded the definition of who counts as a “family member." The definitions per state are defined within this topic)
- Medical leave when the employee is unable to work because of a serious health condition (including pregnancy)
- Military caregiver leave to care for a spouse, child, parent, or next of kin who is a covered service member or veteran with a serious illness or injury
- A qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is on covered active duty or call to covered active duty status as a member of the National Guard, Armed Forces, or Armed Forces Reserves
This topic does not cover:
- Requirements of the Americans with Disabilities Act, including reasonable accommodation requirements. In some situations, a leave of absence, either intermittent or otherwise, could be considered a reasonable accommodation under the ADA or similar state laws, even if it is not covered by the FMLA or state equivalents; those types of leaves of absence are not covered by this topic
- Workers’ compensation requirements; similar to the ADA, certain leaves of absence may be required under workers’ compensation laws that are not covered by the FMLA or state equivalents
- City and local ordinances, with the exception of Miami-Dade County, Florida’s Family and Medical Leave law
- Mandatory paid sick leave requirements that require an employer to pay for sick leave
- Requirements allowing employees to use paid sick leave benefits to care for a family member (commonly referred to as “kin care” laws)
- Laws concerning disability payments or any other type of income replacement outside of what is referenced by the FMLA and similar state laws
- State military leaves other than what is covered by the FMLA; for example, this topic does not cover leaves for active duty service members protected under USERRA, nor does it include state and local laws that provide time off for the sole purpose of allowing the employee to visit with a servicemember
- Laws requiring that employers (1) accommodate pregnancy disabilities or (2) equally apply their leave policies to pregnancy, childbirth or a related medical conditions; application of these laws can sometimes lead to a leave of absence, but the law itself does not provide for an actual leave of absence similar to what is provided under the FMLA