FMLA 2026 — Family and Medical Leave Act: Complete Guide
Last updated: · Source: US Department of Labor
Federal FMLA · 2026
Unpaid, job-protected leave · effective since 1993-08-05
Pay
Unpaid
Employer Size
50+
Employment Required
12 mo
Hours Required
1,250
What is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that lets eligible employees take up to 12 weeks of unpaid leave per year for certain family and medical reasons, without losing their job or their group health insurance coverage. It has been in effect since 1993-08-05 and applies nationwide, though many states layer additional protections and paid benefits on top of it.
FMLA guarantees your job, not your paycheck. Whether you get paid during leave depends on your employer's PTO policy and whether your state has a Paid Family Leave program.
Who is Eligible for FMLA?
You must meet all four of the following to be eligible:
- ✓ Your employer has 50 or more employees within 75 miles of your worksite (or is a public agency/school).
- ✓ You've worked for that employer for at least 12 months.
- ✓ You've worked at least 1,250 hours in the last 12 months.
- ✓ Your reason for leave qualifies under the law (see below).
What Conditions Qualify for FMLA?
| Reason | Covered |
|---|---|
| Employee's own serious health condition | Yes |
| Birth, adoption, or foster placement of a child | Yes |
| Care for a spouse, child, or parent with a serious health condition | Yes |
| Military qualifying exigency or caregiver leave | Yes |
How Much Leave Does FMLA Provide?
Most qualifying reasons entitle you to up to 12 weeks of leave in a 12-month period. If you're caring for a covered servicemember with a serious injury or illness, that entitlement rises to 26 weeks in a single 12-month period. Leave can be taken all at once, or — for a serious health condition — intermittently or on a reduced schedule when medically necessary.
Is FMLA Paid or Unpaid?
FMLA leave is unpaid — the law protects your job and health insurance, not your paycheck. Employers may require, or employees may elect, to use accrued paid time off (vacation, sick leave, PTO) to cover part or all of an FMLA leave, running concurrently with the unpaid entitlement. Separately, 13 states now run their own Paid Family Leave programs that pay a percentage of wages during leave that also qualifies under FMLA.
How to Request FMLA
- Notify your employer at least 30 days in advance for foreseeable leave (e.g. a planned birth or surgery), or as soon as practicable for unforeseeable leave.
- Your employer must give you a Notice of Eligibility and Rights and Responsibilities (Form WH-381) within 5 business days.
- Provide medical certification if requested (Form WH-380-E or WH-380-F), usually within 15 calendar days.
- Your employer issues a Designation Notice (Form WH-382) confirming whether your leave is designated as FMLA.
- Take your leave, and coordinate any PTO substitution or state Paid Family Leave benefit with HR.
FMLA Forms
The Department of Labor publishes six standard FMLA forms. See the full FMLA forms guide for when to use each one, or use the Form Finder tool to get a direct match.
- WH-380-E — Certification of Health Care Provider for Employee's Serious Health Condition
- WH-380-F — Certification of Health Care Provider for Family Member's Serious Health Condition
- WH-381 — Notice of Eligibility and Rights and Responsibilities
- WH-382 — Designation Notice
- WH-384 — Certification of Qualifying Exigency for Military Family Leave
- WH-385 — Certification for Serious Injury or Illness of a Current Servicemember
FMLA vs State Leave Laws
FMLA is a federal floor, not a ceiling. States are free to offer broader job protection (lower employer-size thresholds, more weeks, more covered relationships) and separate paid benefits. When a state law and FMLA both apply to the same leave, they typically run concurrently, and the employee gets whichever protection is more generous on each dimension.
Frequently Asked Questions
The Family and Medical Leave Act (FMLA) is a federal law, signed on February 5, 1993 and in effect since August 5, 1993, that entitles eligible employees at covered employers to up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons, with continued group health insurance coverage during the leave.
FMLA provides up to 12 weeks of unpaid leave in a 12-month period for most qualifying reasons. Military caregiver leave provides up to 26 weeks in a single 12-month period.
No. FMLA itself is unpaid — it only guarantees your job is protected while you're out. Many employees use accrued paid time off (PTO, sick leave, vacation) to cover part or all of an FMLA leave, and some states have separate Paid Family Leave programs that pay a percentage of wages during leave that qualifies under both laws.
FMLA applies to private employers with 50 or more employees within 75 miles of the worksite, plus all public agencies and public/private elementary and secondary schools regardless of size.
You must have worked for your employer for at least 12 months (not necessarily consecutive) and logged at least 1,250 hours of service during the 12 months immediately before your leave starts.
An employer can deny FMLA leave if you or your employer don't meet the eligibility requirements (employer size, tenure, hours worked) or if your reason for leave doesn't qualify under the law. An eligible employee requesting leave for a qualifying reason cannot lawfully be denied.
Yes. FMLA requires your employer to restore you to your same job, or an equivalent job with equivalent pay, benefits, and other terms of employment, when you return from qualifying leave.
FMLA is a federal law that protects your job but does not pay you during leave. Paid Family Leave (PFL) is a separate benefit that currently exists in 13 states and pays a percentage of your wages while you are on leave. The two often run concurrently when a leave qualifies under both.