Welcome to FindLaw's Family and Medical Leave section. Here, you will find information on federal and state laws that address when and how an employee can take time off from work to deal with their own health issue or that of a family member.
The United States is one of the few developed countries that does not have a national paid sick or parental leave policy. Federal law requires unpaid leave for certain private and public sector employers. The Family and Medical Leave Act (FMLA) provides as many as 12 work weeks of unpaid leave for medical situations for the employee or a member of the employee's family.
In a recent development, some public sector employees can get paid parental leave. Since 2020, federal workers get 12 weeks of paid parental leave following a child's birth or placement with the family.
While federal paid leave remains lacking in the US, a growing patchwork of state and local paid leave laws is filling the gap. Approximately 20% of U.S. states offer paid family and medical leave, while under 50% provide paid sick leave. Two states, Maine and Nevada, eliminated the family and medical leave aspect and simply require paid time off for any reason. Numerous cities, primarily in California, along with several counties, provide paid leave options.
The FMLA provides minimum standards for family and medical leave. If the leave benefits under city or state law are more generous than those required under federal law, the more generous law must be followed.
This guide provides a short description of the FMLA and brief descriptions of some of the state family and medical leave laws. Read on by clicking on "More," or choose a link from the list below.
Family and Medical Leave Act
The FMLA is a federal law that lets eligible employees take unpaid leave away from work to handle certain family or medical needs. Eligible employees working for covered employers can use the FMLA to take unpaid leave for specific family and medical reasons while keeping their jobs secure. Additionally, this law mandates that group health insurance coverage continue under the same terms as if the leave had not been taken.
Covered Employers
Not every employer is required to provide employees with leave benefits under the FMLA. The FMLA only applies to:
- Private employers with at least 50 employees
- Public employers such as local, state, and federal government agencies, regardless of the number of employees
- Elementary and secondary schools, regardless of the number of employees
Eligible employees
An employee qualifies for leave under a covered employer if they have been employed by that employer for a minimum period. The employee must have worked for the employer for 12 months and for at least 1,250 hours over the 12 months immediately preceding the need for leave.
Leave Benefits
Eligible employees can take up to 12 weeks of leave in a 12-month period. Intermittent leave, which is leave taken in short breaks, is allowed.
Purpose of Leave
Leave can be taken for several reasons. This includes:
- A child that is new to the family, such as a newborn, the new placement of a child for adoption, or a child from foster care
- Care for a family member with a serious health condition
- Care for the employee's own serious health condition that makes the employee unable to perform the essential functions of the job
The FMLA also provides certain military family leave entitlements. These are:
- Qualifying exigency: Leave for urgent needs related to the employee's spouse, son, daughter, or parent being on active military duty.
- Military caregiver leave: Up to twenty-six weeks of leave in a 12-month period for employees to care for a servicemember with a serious injury or illness, provided the employee is the servicemember's spouse, son, daughter, parent, or next of kin.
It's always a good idea to give your employer advance notice of FMLA leave, but you aren't required to do so. Your employer may request medical certification.
The FMLA requires job reinstatement. This means the leave is job-protected, and employers must restore an employee to their former job or an equivalent position when returning to work.
The U.S. Department of Labor (DOL) enforces the FMLA. You can file a complaint about violations with the federal agency, specifically the Wage and Hour Division (WHD). The WHD offers several fact sheets on issues related to the FMLA. FindLaw has prepared a guide that answers frequently asked questions on the FMLA.
Federal Employee Paid Leave Act
The Federal Employee Paid Leave Act (FEPLA) is an October 2020 amendment to the FMLA. It makes paid parental leave available to most federal civilian employees. It provides 12 weeks of paid parental leave for the birth, adoption, or foster care placement of a child.
State Leave Laws
Most states do not offer additional family and medical leave protections, but some states, including the District of Columbia, offer paid family leave or specific leave laws that apply to pregnancy, birth, or adoption. Most of these laws also specifically allow this leave for domestic violence purposes, such as securing an order of protection.
Other states have laws that expand FMLA to cover smaller employers, provide additional unpaid time off, or other provisions. In addition, some cities require that private employers provide sick leave and/or family and medical leave.
Examples of state family and medical leave laws include:
- California: Unless expressly excluded by the regulation, all California employers must provide eight weeks of paid family leave. California employers must provide one hour of paid sick leave for every 30 hours worked up to 48 hours. Many California cities, such as Berkeley, Los Angeles, San Diego, and San Francisco, also have paid sick leave requirements.
- Connecticut: In Connecticut, employers with a workforce exceeding 50 employees must offer one hour of paid sick leave for every 40 hours worked. Connecticut workers can get up to 14 weeks of paid family leave.
- Washington: Eligible employees can take 12 to 16 weeks of paid leave under the family and medical leave law. Eligible employees accrue one hour of paid sick leave for every 40 hours worked under the state's paid sick leave law. Two of Washington's cities, Tacoma and Seattle, also have paid leave laws.
- New Jersey: New Jersey's family leave program provides 12 weeks of paid leave. In this state, workers accumulate one hour of paid sick time for every 30 hours they work, with a cap of 40 hours.
You Don't Have To Solve This on Your Own – Get a Lawyer's Help
Leave laws can be confusing, particularly when state laws or local ordinances come into play. Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find an employment lawyer near you who can help.
