The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. This resource page is designed to help employers understand their responsibilities under the FMLA and ensure compliance with the law.

This article has been updated from its original publication date of December 18, 2025.

What is FMLA?

The Family and Medical Leave Act (FMLA) is a federal labor law enacted in 1993 that gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying family or medical reasons.

During FMLA leave:

• The employee’s job is protected
• Group health insurance must continue
• The employee must be restored to the same or
  an equivalent position after returning

FMLA is enforced by the U.S. Department of Labor (DOL).

Why Was FMLA Created?

FMLA was designed to help employees balance work, health, and family responsibilities without fear of losing their job. It protects workers during serious life events while giving employers a clear legal framework to manage leave fairly and consistently.

When Employees Can Take FMLA Leave

Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons. In some cases, employees may take up to 26 weeks of leave for military caregiving purposes.

Standard FMLA Leave (Up to 12 Weeks)

• The birth of a child and to care for the newborn child within one year of birth.
• The placement of a child for adoption or foster care and to care for the newly placed child within one year of placement.
• To care for the employee's spouse, child, or parent who has a serious health condition.
• A serious health condition that makes the employee unable to perform the essential functions of their job.
• Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on “covered active duty.”

Military Caregiver Leave (Up to 26 Weeks)

• Eligible employees can take up to 26 weeks in a single 12-month period to care for a covered service member with a serious injury or illness.
• This applies if the employee is the service member’s spouse, child, parent, or next of kin.

Types of FMLA Leave

This section highlights the main types of FMLA leave, each with unique tracking and compliance rules:

• Continuous FMLA – Leave taken all at once for a specific period
• Intermittent FMLA – Leave taken in separate blocks of time as needed
• Reduced Schedule FMLA – Leave taken with fewer hours per day or week

FMLA Eligibility Requirements

Employer Responsibilities

Employers have specific obligations under the FMLA, including posting required notices, providing timely information to employees requesting leave, and maintaining accurate records. These responsibilities ensure compliance with the law and support employees' rights to take leave for family and medical reasons.

1. Posting Requirements

Employers must post a notice explaining the rights and responsibilities under the FMLA. The notice must be displayed prominently where employees and applicants for employment can see it. Failure to post this notice can result in a fine.

2. Providing Notice

When an employee requests FMLA leave, the employer must provide the employee with:

• Notice of Eligibility and Rights & Responsibilities within five business days.
• Designation Notice stating whether the leave is designated as FMLA-protected and the amount of leave counted against the employee's FMLA entitlement.

3. Recordkeeping

Employers must maintain records for no less than three years, including:

• Basic payroll and identifying employee data.
• Dates FMLA leave is taken.
• Copies of employee notices of leave.
• Records of disputes regarding FMLA.

Managing FMLA Leave

Managing FMLA leave involves understanding both employee and employer rights. Employees have protections such as job restoration, continued health benefits, and protection against retaliation. Employers have the right to request medical certification, require the use of accrued paid leave, and manage intermittent leave schedules. Clear policies and effective communication are essential to ensure smooth and compliant FMLA leave management.

Employee Rights

• Employees are entitled to return to their same or an equivalent position at the end of their FMLA leave.
• Employees must maintain their health benefits during FMLA leave.
• Employees have the right to take FMLA leave without any fear of retaliation from the employer.

Employer Rights

• Employers can require employees to use accrued paid leave (such as sick or vacation leave) concurrently with FMLA leave.
• Employers may request medical certification to support the need for leave due to a serious health condition.
• Employers can also seek a second or third medical opinion (at the employer's expense) if they have reason to doubt the validity of the certification.

Intermittent Leave

• FMLA leave may be taken intermittently or on a reduced schedule when medically necessary.
• For birth or placement of a child, intermittent leave may be taken only with the employer's approval.
• Employers may temporarily transfer an employee to an alternative position with equivalent pay and benefits if the alternative position better accommodates recurring periods of leave.

Common Employer Challenges

Employers must navigate various challenges, including managing leave requests, handling medical certifications, and preventing retaliation. Clear procedures, proper training, and effective communication are essential to address these issues and ensure compliance with FMLA regulations.

Managing Leave Requests

• Establish clear procedures for employees to request FMLA leave.
• Train HR personnel on FMLA regulations and compliance.
• Implement a system to track FMLA leave accurately to ensure employees do not exceed their entitled leave.

Handling Medical Certifications

• Use the Department of Labor’s model forms to ensure consistency.
• Communicate with healthcare providers as necessary to verify certifications.
• Respect confidentiality and handle all medical information in accordance with HIPAA regulations.

Avoiding Retaliation

• Ensure no adverse actions are taken against employees for taking FMLA leave.
• Document all employment actions thoroughly.
• Conduct regular training sessions to educate managers and supervisors on FMLA compliance and the importance of avoiding retaliation.

Best Practices for Employers

To effectively manage FMLA leave, employers should develop comprehensive policies, provide ongoing training, maintain thorough documentation, and coordinate FMLA with other leave policies. Clear communication and regular policy reviews ensure compliance and support both employee and employer needs.

Developing FMLA Policies

• Create a comprehensive FMLA policy included in the employee handbook.
• Clearly outline the process for requesting FMLA leave, including required forms and documentation.
• Communicate policies to all employees regularly and provide training sessions for management and HR staff.

Training and Education

• Conduct regular training sessions for managers and HR personnel to stay updated on FMLA requirements.
• Educate employees about their rights and responsibilities under the FMLA through orientations and workshops.

Documentation and Communication

• Maintain accurate and detailed records of all FMLA leave requests, approvals, and denials.
• Ensure open lines of communication with employees on leave to provide support and address any concerns promptly.
• Keep detailed notes on conversations and communications related to FMLA leave to protect against disputes.

Coordinating with Other Leave Policies

• Align FMLA leave policies with other leave policies such as short-term disability, long-term disability, and workers' compensation to ensure consistency.
• Clarify how FMLA leave interacts with paid leave options and communicate this clearly to employees.
• Regularly review and update policies to reflect changes in state or federal law and company practices.

Simplify Your Paystub Reporting Journey with SecurePayStubs!

Our paystub generator platform makes the process effortless, ensuring precision and compliance seamlessly.

Discover how we can support you:

Effortless Presentation : Highlight essential details effortlessly, automating calculations and reducing errors.

Detailed Breakdowns : Generate clear, comprehensive paystub, offering employees a detailed view of earnings and deductions.

Regulatory Adherence : Rest assured with our platform, ensuring compliance with tax regulations for transparent pay stub processing.

Elevate your paystub reporting with SecurePayStubs. Start accurately documenting your employees' earnings today!