The Family and Medical Leave Act (FMLA) has been in effect since 1993, yet it remains one of the most frequently violated employment laws, not because employers try to break it, but because the rules are more complicated than most managers realize.
The Basic Eligibility Framework
FMLA applies to covered employers with covered eligible employees. Both tests must be met.
Covered Employers
- Private employers with 50 or more employees for at least 20 workweeks in the current or preceding calendar year
- All public agencies (regardless of size)
- All public and private elementary and secondary schools (regardless of size)
Eligible Employees
- Worked for the employer for at least 12 months
- Worked at least 1,250 hours in the prior 12 months
- Work at a location where the employer has 50+ employees within 75 miles
What Qualifies as FMLA Leave?
FMLA provides up to 12 weeks of unpaid, job-protected leave per year for birth or adoption of a child, caring for a spouse, child, or parent with a serious health condition, or the employee's own serious health condition that prevents essential job functions.
The Interference Trap
FMLA prohibits both interference (any action that restrains or discourages an employee from taking leave) and retaliation (adverse action for exercising FMLA rights). This includes subtle actions like negative performance reviews or schedule changes upon return.
State Laws Add Complexity
California, New York, New Jersey, Washington, Massachusetts, Connecticut, Oregon, and Colorado all have paid leave programs that layer on top of federal FMLA. Compliance requires satisfying both.
Use our FMLA Eligibility Checker for a quick eligibility assessment, and consult an employment attorney for complex situations.
Check whether an employee meets all three FMLA eligibility tests in seconds.