Understanding the Family Medical Leave Act

If you are going through treatment or recovery, or taking care of a family member with cancer, the Family Medical Leave Act (FMLA) lets you take time off of work without losing your job.

What is FMLA?

FMLA is a federal law that lets some workers take up to 12 weeks off without pay in a 12-month period to deal with serious health problems, like cancer, or to care for a family member who is very sick.

When you are on FMLA leave:

Your employer cannot punish you for taking time off for certain health and family reasons.
If you get your insurance through your job, your employer has to keep it active just like you were still working.
If you get other benefits like life insurance, disability insurance, or retirement benefits through your job, you have the right to get them back when you return to work. You do not have to re-qualify for these benefits and you can get them at the same level of benefits you had before your leave.

Am I Eligible for FMLA?

You may be able to use FMLA if all of these things are true:

You work at a company that has 50 or more workers within 75-miles
You have worked there for at least 12 months (even if not all in a row, as long as it is within the last 7 years)
You have worked there at least 1,250 hours in the past year

How Can I Use FMLA and What Can I Use it For?

You can use FMLA:

To take care of your own serious health problem
To take care of your spouse, child, or parent’s serious health problem
When you have a new baby, adopt a child, or take in a foster child. You can also use FMLA to take care of that child within one year of their birth, adoption, or foster placement
To deal with an emergency that happens because your spouse, child, or parent is on active duty in the military

You get up to 12 weeks off in a 12-month period. You do not have to use all 12 weeks at once- you can use them a little at a time if needed.

FMLA time is unpaid, but you can choose to use your paid sick days or vacation time to get paid while you are out on FMLA. Your employer may also require you to use those paid days at the same time as your FMLA leave.

Before using FMLA, you need to let your employer know ahead of time. Your employer can ask for a doctor’s note to give details about why you or your family member needs care, but they cannot make you give them your medical records.

What Family Members Can I Take Time Off to Care For?

You can use FMLA to care for:

Your Husband, Wife, or Partner
Your Children
Your Parents

What is Military Caregiver Leave?

FMLA has a special rule that lets you take up to 26 weeks off without pay if you need to care for your spouse, child, parent, or close family member who is in the military and has a serious injury or illness while on active duty.