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  • Human Resources
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  • 1 min. Read
  • Last Updated: 10/04/2024

What Is the Family and Medical Leave Act (FMLA) and How Does It Work?

an employee using the family and medical leave act to spend time taking care of her newborn

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The federal Family and Medical Leave Act (FMLA) has existed since 1993. The legislation's intent was to protect an individual's job and health benefits should an occasion arise that requires them to care for themselves or others for specific reasons.

What Does the FMLA Provide?

The FMLA requires covered employers to offer eligible employees up to 12 weeks of protected, unpaid leave in a 12-month period and maintain group health benefits as if the employee were not on leave. Eligible employees are entitled to return to the same or an equivalent position after the covered leave.

The act also provides unpaid leave to eligible employees for specified reasons related to certain military deployments of their family members. Under the FMLA, they may take up to 26 weeks of FMLA leave in a year to care for a covered service member with a severe illness or injury.

The Department of Labor has published a guide for employers that provides additional information about the FMLA.1 Businesses should familiarize themselves with the FMLA's requirements and conditions to ensure compliance and avoid potential litigation.

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Frequently Asked Questions About the FMLA

Here are questions that business owners present to our HR Professionals on a regular basis.

  • Do Small Businesses Have To Offer FMLA Leave?

    Do Small Businesses Have To Offer FMLA Leave?

    The FMLA only applies to employers that meet specific criteria. A covered employer is a:

    • Private-sector employer with 50 or more employees employed in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
    • Public agency, including a local, state, or federal government agency, regardless of the number of employees it employs; or
    • Public or private elementary or secondary school, regardless of the number of employees it employs.

    Covered businesses cannot deny a request for FMLA leave for eligible workers, nor can they dissuade employees from making use of that leave. Also, according to the U.S. Department of Labor's Wage and Hour Division, it is unlawful to use "an employee's request for or use of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions."

  • Do Covered Employers Face Any Consequences if They Do Not Offer FMLA Leave?

  • What Are Qualifying Reasons for Leave under FMLA?

  • What Are the Notice Requirements for Employers under the FMLA?

  • Does Paternity Leave Meet FMLA Qualifications?

  • Does the FMLA Permit Intermittent Leave?

  • Does FMLA Leave Need To Be Taken in Minimum Blocks of Time?

  • What Are Employee Eligibility Requirements for FMLA Leave?

  • How Do Employers Determine the Applicable 12-Month Period?

  • How Much Notice Must an Employee Give Prior to Taking Leave?

  • Do Employees Get Paid During FMLA Leave?

  • What Is the Difference Between FMLA and Paid Family Leave (PFL)?

  • Is FMLA Leave Affected by Individual State Laws?

  • Can You Be Fired While on FMLA Leave?

  • How Does the FMLA Address Same-Sex Marriage?

  • Can You Tell Employees Someone Is on FMLA Leave?

Need Help Staying Compliant With the FMLA Rules?

As noted in this article, employers covered by the FMLA must remain compliant with its rules and regulations.

To ensure compliance and avoid potential litigation, business leaders should become thoroughly familiar with all the requirements and conditions of the Family and Medical Leave Act. Learn more about how Paychex HR Services can help provide your business with the most effective HR management services.


1 The Employer’s Guide to the Family and Medical Leave Act (https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/employerguide.pdf)

2 USDOL Wage and Hour Division Fact Sheet #77B (https://www.dol.gov/agencies/whd/fact-sheets/77b-fmla-protections)

3 USDOL FMLA webpage, poster (https://www.dol.gov/general/topic/benefits-leave/fmla)

4 USDOL Wage and Hour Division Fact Sheet #28D (https://www.dol.gov/agencies/whd/fact-sheets/28d-fmla-employer%20notification)

5 USDOL Fact Sheet #28I (https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs28i.pdf)

6 USDOL Wage and Hour Division Fact Sheet #28H (https://www.dol.gov/agencies/whd/fact-sheets/28h-fmla-12-month-period)

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* This content is for educational purposes only, is not intended to provide specific legal advice, and should not be used as a substitute for the legal advice of a qualified attorney or other professional. The information may not reflect the most current legal developments, may be changed without notice and is not guaranteed to be complete, correct, or up-to-date.