---
title: FMLA Leave Entitlements
description: An overview of the legal standards and requirements for employee leave entitlements under the Family and Medical Leave Act.
keywords: 
  - FMLA
  - Family and Medical Leave Act
  - employee leave
  - medical leave
  - family leave
category: law
---

## Introduction to the Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected leave for certain family and medical reasons.[^1] Enacted in 1993, the FMLA was a landmark piece of legislation aimed at helping workers balance the demands of the workplace with the needs of their families.[^2] The FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons, and up to 26 weeks of leave to care for a covered servicemember with a serious injury or illness.[^3]

## Eligibility for FMLA Leave

To be eligible for FMLA leave, an employee must work for a covered employer and meet certain criteria regarding their length of employment and the number of hours worked.[^4] Specifically, an employee is eligible for FMLA leave if they have worked for their employer for at least 12 months, have worked at least 1,250 hours during that time, and work at a location where the employer has at least 50 employees within 75 miles.[^5] The FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.[^6]

## Qualifying Reasons for FMLA Leave

The FMLA allows eligible employees to take leave for a variety of reasons, including the birth or adoption of a child, the employee's own serious health condition, the serious health condition of a close family member, and certain military-related events.[^7] Specifically, an eligible employee may take FMLA leave for the following reasons:

1. The birth of a child and to care for the newborn child;
2. The placement of a child for adoption or foster care and to care for the newly placed child;
3. To care for the employee's spouse, child, or parent who has a serious health condition;
4. The employee's own serious health condition that makes the employee unable to perform the essential functions of their job;
5. Any qualifying exigency arising out of the fact that the employee's spouse, child, or parent is a covered military member on "covered active duty"; or
6. To care for a covered servicemember with a serious injury or illness if the employee is the spouse, child, parent, or next of kin of the servicemember.[^8]

## Employee Notice and Employer Obligations

Employees are generally required to provide 30 days' advance notice of the need for FMLA leave, or as soon as practicable if the leave is unforeseeable.[^9] Employers must then notify the employee in writing whether the leave qualifies as FMLA leave and provide information about the employee's rights and responsibilities under the FMLA.[^10] Employers are also required to maintain the employee's group health insurance coverage during the FMLA leave period and reinstate the employee to the same or an equivalent position upon their return to work.[^11]

## Remedies and Enforcement of FMLA Rights

The FMLA provides for both civil and criminal penalties for violations of the Act. Employees who are denied FMLA leave or who face retaliation for exercising their FMLA rights may bring a civil lawsuit against their employer for damages, including lost wages and benefits, as well as equitable relief such as reinstatement or promotion.[^12] Employers who willfully violate the FMLA may also face criminal penalties, including fines and imprisonment.[^13] The U.S. Department of Labor also has the authority to investigate FMLA complaints and enforce the Act's provisions.[^14]

## Conclusion

The Family and Medical Leave Act is a critical piece of legislation that provides important protections and benefits for eligible employees. By understanding the eligibility requirements, qualifying reasons for leave, and the obligations of employers, both employees and employers can ensure that the FMLA is properly implemented and that employees' rights are protected. Ultimately, the FMLA plays a crucial role in helping workers balance their professional and personal responsibilities, while also promoting the health and well-being of families across the United States.

[^1]: 29 U.S.C. § 2601 et seq.
[^2]: See S. Rep. No. 103-3, at 4 (1993), reprinted in 1993 U.S.C.C.A.N. 3, 6.
[^3]: 29 U.S.C. § 2612(a).
[^4]: 29 U.S.C. § 2611(2).
[^5]: Id.
[^6]: 29 U.S.C. § 2611(4).
[^7]: 29 U.S.C. § 2612(a)(1).
[^8]: Id.
[^9]: 29 C.F.R. § 825.302.
[^10]: 29 C.F.R. § 825.300.
[^11]: 29 U.S.C. § 2614.
[^12]: 29 U.S.C. § 2617.
[^13]: 29 U.S.C. § 2615(a)(1).
[^14]: 29 U.S.C. § 2616.