If you’re the person in your org everyone calls when a baby is on the way, a surgery is scheduled, or a parent needs care, you need a clear way to explain leave that won’t send people hunting for a law degree. The Family and Medical Leave Act (FMLA) is the federal rulebook that helps you do that.
FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons, while keeping their group health benefits. Your role is to apply the rules consistently, document your decisions, and keep the work moving forward without guesswork.
Our guide gives you the full breakdown on FMLA leave: who’s covered, how eligibility works, and what to do when you or your team need to request time off.
Origin of the FMLA
Congress passed the FMLA in 1993 to help employees manage major life events — including the birth or adoption of a child, serious health conditions, and specific military needs — without losing their jobs or health coverage.
FMLA, at its core, is a type of leave management that’s about job protection, continuation of health benefits, and a defined set of qualifying reasons.
Which employers are covered under the FMLA?
Covered employers include private employers with 50+ employees, all public agencies, and all public and private elementary/secondary schools. Smaller private employers with fewer than 50 employees are generally not covered.
What are FMLA benefits and protections
The FMLA has three main guarantees:
- Up to 12 workweeks of unpaid, job-protected leave in a 12-month period (26 workweeks for covered military caregiver leave).
- Continuation of group health insurance under the same terms as if working.
- Restoration to the same or an equivalent job at the end of leave (with a narrow “key employee” exception)
Essentially, employees are guaranteed the right to leave and return to the same role while maintaining critical benefits. Check out the plain language pages on the DOL’s FMLA website for all the nuances and technicalities.
What’s included in FMLA and what isn’t?
| Covered by FMLA | Not covered by FMLA |
| Bonding with a newborn, adopted, or foster child (within 1 year of placement) | Routine colds or short-term ailments that don’t meet the “serious health condition” standard |
| Your own serious health condition | Time off for non-medical personal reasons (unless covered by company policy or state law) like a leave of absence |
| Caring for a spouse, child, or parent with a serious health condition | Care for siblings and in-laws, not “in loco parentis” (in the role of a parent) unless state law or company policy expands it |
| Specific military-related exigencies, up to 26 weeks for military caregiver leave | Pay by default (FMLA is unpaid; states or employer policy may provide wage replacement) |
Here are some FMLA scenarios you may encounter from your teams (or experience yourself):
- Planned surgery – You’re scheduled for knee surgery on June 10. Your doctor expects two weeks entirely off, then six weeks of PT. You use FMLA first for recovery, then intermittently for therapy appointments.
- Pregnancy, birth, and bonding – Your baby’s due date is in March. You use intermittent FMLA if you don’t have parental leave for prenatal visits in January and February, then continuous leave after the birth to recover and bond with your baby.
- Post-partum complications – After a C-section, your doctor extends your recovery by three weeks. You stay on FMLA until you’re cleared to return.
- Adoption – You get matched in August. There are home studies, court dates, and agency visits through the fall. You use intermittent FMLA for those appointments. When the placement happens in November, you switch to continuous leave for bonding. You have up to 12 months from the date of placement to use bonding time.
- Caring for a parent – Your parent has a stroke and needs help getting to weekly rehab and specialist visits. You take intermittent FMLA to drive them, attend appointments, and coordinate follow-up care.
- Ongoing treatment – You’re on dialysis three mornings a week. You work a reduced schedule and use intermittent FMLA for treatment time and the subsequent recovery period.
- Mental health care – Your provider certifies intensive outpatient therapy three afternoons a week. You use intermittent FMLA while you complete the program.
- Military exigency – Your spouse gets short-notice deployment orders. You take FMLA to attend briefings, arrange childcare, and handle legal and financial tasks tied to the deployment.
- Cancer treatment – Your infusion schedule is every other Thursday with follow-up labs on Fridays. You take intermittent FMLA for treatment days and the day after when side effects peak.
While the FMLA coverage list is wide-reaching, it operates more like a safety net for your job and benefits, not your paycheck.
Here are some non-FMLA protections employees and employers alike should be aware of:
Non-FMLA protections
First and foremost, FMLA does not guarantee pay and it is not a form of paid leave.
Paid leave vs. FMLA
Pay comes from somewhere else. In some states, employees can apply for paid family and medical leave (PFML) while they’re on FMLA, which replaces part of their wages for bonding, recovery, or caregiving.
Quick example: a warehouse lead in New Jersey takes FMLA for a new baby and files a state PFML claim, ensuring they still get a portion of their income. But your assistant manager in Texas uses employer PTO or short-term disability because there’s no statewide paid program.
Your role is to align job protection with the available wage replacement options.
Disability vs. FMLA
Think of disability benefits as the paycheck side, while FMLA is the job-protection side. They often run at the same time, but they’re different tracks.
Short-term disability (and sometimes long-term) replaces part of an employee’s wages when they can’t work due to their own medical condition. FMLA protects the job and keeps health benefits in place.
So if someone qualifies for both, you’ll pay through disability while counting the time as FMLA. HR still needs to designate and track FMLA, while the insurer or TPA handles the disability claim.
Quick example: A warehouse lead is out six weeks for surgery. Their disability claim pays 60% of wages. HR designates the same six weeks as FMLA, keeps health coverage active, and tracks any partial-day follow-ups as intermittent leave after they return.
FMLA enforcement
Finally, as an employer, the direction on enforcement is simple: don’t interfere, and don’t retaliate. Employees’ rights are governed and enforced by the Department of Labor’s Wage and Hour Division.
Keep clean records, stay within your policy, and train managers to follow suit.
Who is eligible for FMLA benefits?
An employee is eligible at the time leave starts if they:
☑ Work for a covered employer
☑ Have 12 months of service (not necessarily consecutive)
☑ Worked at least 1,250 hours in the past 12 months, and
☑ Work at a site with 50+ employees within 75 miles
While these requirements sound straightforward, the “we’re close but not quite sure” scenarios may catch you or your employees off guard. For example:
- A full-time nurse with 14 months of service and 1,900 hours in the past year → likely eligible
- A part-time warehouse associate with 10 months’ tenure → not yet eligible until 12 months are reached (hours test still required)
- Remote employees count toward the 50-within-75 rule based on the site they report into, not their home address
When can I use the FMLA?
Submitting for FMLA depends on the scenario you’re using it for, but in most cases, requires a standard notice period.
Notice & paperwork timelines
If leave is foreseeable, give 30 days’ notice; if not, notify as soon as practicable using your normal call-in process. When your employer requests it, submit your medical certification within 15 days. Your employer will then determine whether the time counts as FMLA and how it will be tracked.
Keep copies of everything.
Baby bonding timelines
You have 12 months from birth or placement to use FMLA bonding leave. Take it all at once or in blocks; single days/partial days are OK if your employer agrees. If the timing is predictable, give 30 days’ notice.
Just be sure all bonding time is used before the 12-month mark.
Adoption and foster timelines
For adoption or foster care, you can use FMLA before placement for required meetings, court dates, or travel, and after placement for bonding — again, within 12 months of placement.
If travel or court is scheduled, give 30 days’ notice. If it’s short notice, tell your employer as soon as practicable.
Medical treatment timelines
When care is ongoing (e.g., surgery recovery, chemotherapy, dialysis), you can use FMLA intermittently or on a reduced schedule as required by the treatment plan. Your provider’s certification sets the duration and frequency; update your employer if the plan changes.
What does returning from FMLA look like?
Employees return to the same or an equivalent role with the same pay, benefits, and terms. If the employee can’t perform an essential function, FMLA doesn’t require job restructuring. Coordinate ADA accommodations as needed and document each step.
If your employer requires a fitness-for-duty note for similar roles, plan for that before your return so there’s no gap.
Quick FAQ on FMLA scenarios
Here are a few clarifications on the nuanced situations and real-world questions around FMLA.
Do vacation, sick leave, and PTO count toward the 1,250 hours?
No. Only hours actually worked count toward the 1,250-hour eligibility threshold. Paid holidays, dedicated sick time, and time off do not count.
Can my employer assign me to a different job when I return?
No, you must be restored to the same or an equivalent position, barring an inability to complete the essential tasks of the role. A narrow “key employee” exception may apply in limited cases.
What if my job changes or is eliminated while I’m out?
FMLA protects your job, not against legitimate business changes. You must be restored to the same or an equivalent role unless the job would’ve changed or been eliminated even if you hadn’t taken leave.
Can my employer make me use PTO while I’m on FMLA?
Often, yes, employers can require paid leave to run concurrently with FMLA, but the rules become more complex if you’re also receiving pay from a state PFML program. Check policy and state rules.
Do holidays count against my FMLA time?
If you’re on a full week of FMLA, the holiday counts. If you’re taking less than a full week, the holiday usually doesn’t count against your FMLA entitlement.
My spouse and I work for the same employer — do we split the 12 weeks?
For birth/placement/bonding (and care for a parent), spouses employed by the same employer may be limited to a combined 12 weeks.
Will my health insurance stay the same while I’m out?
Yes, group health coverage continues on the same terms; you’ll still owe your share of premiums, and the employer must keep the plan active. However, your coverage can lapse if you don’t pay your share after the required notices.
But, employers must restore coverage when you return if you’re still eligible.
How to request FMLA leave
When you know FMLA leave is coming, there are four clear steps to follow:
- Notify – Let your employer know 30 days in advance if foreseeable, like with birth and scheduled surgery. If not foreseeable, notify your employer as soon as practicable. (See 29 CFR § 825.302 and § 825.304)
- Follow documentation – Use your employer’s usual call-in/leave process unless unusual circumstances prevent it. (See 29 CFR § 825.303(c))
- Certification – If requested, submit a medical certification, which is typically needed within 15 days of the request. (See 29 CFR § 825.305 on certifications; see also § 825.313 for consequences/allowances)
- Designation – The employer confirms whether the time qualifies as FMLA and how it will be counted; see employer notice requirements in 29 CFR § 825.300 and DOL FMLA forms & notices.
But what if you’re on the management/HR side? The next section covers what you do about tracking and calculating FMLA hours.
How is FMLA time calculated?
For employers, this is where documentation is non-negotiable.
You choose one way to define the 12-month period and apply it consistently for everyone. These are the four legal options.
Option 1: Calendar year FMLA
January 1–December 31. Simple to explain and easy to audit alongside payroll year-end. Less control over employees stacking large blocks at the year change.
Option 2: Fixed 12-month “leave year” FMLA
Any fixed year you define (e.g., fiscal year or service-anniversary year). Good if your benefits, payroll, or budgeting already run on a non-calendar cycle.
Option 3: Forward-measured 12 months FMLA
Starts the day an employee first takes FMLA and runs 12 months forward. Clear for new hires hitting eligibility; tracking can get messy without solid systems.
Option 4: Rolling 12 months FMLA (measured backward)
On any day an employee uses FMLA, you “look back” 12 months and subtract what they already used. This prevents back-to-back 12-week blocks across a year boundary and is a common choice for controlling overlap. (Military caregiver leave has its own single 12-month window.)
Why a time and attendance solution matters for FMLA
Whichever option you pick, accurate time tracking data is what keeps you compliant and fair:
- Eligibility checks – The 1,250-hour test counts hours actually worked. You need trustworthy totals, not estimates.
- Intermittent tracking – Partial days and reduced schedules must be counted against the correct 12-month method; clean records prevent over- or under-charging leave.
- Audit trail – When you designate leave and communicate balances, your time/leave system becomes the record that backs up your policy decisions.
Bottom line: Choose A, B, C, or D, document it in your policy, configure your time & attendance solution to match, and stick with it. That alignment is what keeps eligibility calculations, balances, and designation letters consistent.
Managing FMLA smarter
FMLA gets easier when it’s baked into how you already work and when it’s integrated into your existing workflow
Clear policy is everything. It’s how you train managers, build systems for accurate time capture, and provide consistent documentation. Downstream, this leads to predictable decisions around FMLA and a defensible record if the need ever arises.
If compliance is a link you’re trying to strengthen, check out our piece on labor compliance and time tracking as your next step. It walks through how to align policy with system settings, tighten your audit trail, and avoid the common gaps that turn into disputes.
TCP Software’s employee scheduling and time and attendance solutions have the flexibility and scalability to suit your business and your employees, now and as you grow.
From TimeClock Plus, which automates even the most complex payroll calculations and leave management requests, to Humanity Schedule for dynamic employee scheduling that saves you time and money, we have everything you need to meet your organization’s needs, no matter how unique. Plus, with Aladtec, we offer 24/7 public safety scheduling solutions for your hometown heroes.
Ready to learn how TCP Software takes the pain out of employee scheduling and time tracking? Speak with an expert today.
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