Family and Medical Leave Act (FMLA)

Working adults who are affected by a serious illness may be able to take time off under the Family and Medical Leave Act (FMLA). This includes parents of a seriously ill child or people 18 and older who have a serious childhood illness.  

What is the Family and Medical Leave Act?

FMLA is a federal law that requires certain employers to give up to 12 weeks of unpaid leave each year to workers who qualify. You can use this leave to care for yourself, a parent, child, or spouse who is sick. 

Some states and local governments offer family leave benefits that give workers more than what FMLA gives. You can find state-specific information on the U.S. Department of Labor website.

What you need to know about FMLA

Employers that must provide FMLA

Employers that must provide FMLA leave include:

• Public agencies (local, state, and federal), including schools
• Private businesses that have 50 or more employees

Contact your company’s human resources (HR) department for details and forms. Social workers at your treatment center can help you with these forms.

Who qualifies for FMLA

You qualify for FMLA if you:

• Work for an employer that must provide FMLA
• Have worked for that employer for at least 12 months 
• Have worked at least 1,250 hours in the past 12 months

The 12 months of employment do not have to be back-to-back (consecutive). If you took time away from work for military service, that service counts toward the 12 months. 

What FMLA provides

FMLA gives covered employees:

• Up to 12 weeks of unpaid leave a year: You may use paid vacation, sick leave, or family leave during FMLA leave if allowed by your employer.
• Group health insurance: This continues during your leave.
• Job protection: You can return to the same or similar position after your leave ends.
• Protection against retaliation: The FMLA protects against retaliation for workers who use their FMLA leave.

Tips for using FMLA

Your employer should explain what you need to do to arrange leave.

Give notice and share required information

You need to:

• Tell your employer 30 days before you need to leave if you can. If not, tell them as soon as you can.
• Share enough details for your employer to know if FMLA applies.

Complete medical certification if asked

• Your employer should ask for certification within 5 business days of your leave request.
• You have 15 calendar days to give it back.
• If the form is incomplete, you have at least 7 more days to fix it.

Employers cannot require the patient’s medical records or ask you to sign a release.

If your employer is not sure the doctor’s form is correct, they may ask another doctor to check it. If they do, they must pay for a second or third opinion.

If you do not provide the needed forms, your employer may deny your FMLA leave request.

Prepare to return to work

When you go back to work, your employer must return you to the:

• Same or similar job with the same pay, benefits, and responsibilities
• Same shift or schedule at the same or nearby location

Questions to ask your employer about FMLA

• Does our company have to provide FMLA leave?
• Am I eligible for FMLA leave?
• What documents do you need from my child’s health care provider?
• How much FMLA leave can I take, and can I take it a little at a time? (Intermittent leave may help if your child needs ongoing care.)
• Can I combine FMLA leave with paid time off (vacation, sick days)?
• Are there state or company-specific family leave benefits that give more family leave than FMLA?
• Who can help me with the process—HR, benefits coordinator, or social worker?

Find more information

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