Important: please read
This is general information, not legal advice. It covers federal rules only, unless we say otherwise. State and local law may be different or stricter: check our state employment law hub. Always check the official source before you act. Rules can change. Resources disclaimer
In short
- Private employers are covered if they have 50 or more employees in 20 or more workweeks in the current or previous calendar year. Public agencies and schools are covered regardless of size.
- An employee is eligible after 12 months with you, 1,250 hours in the past 12 months, at a site with 50 or more employees within 75 miles.
- Eligible employees get up to 12 workweeks of unpaid, job-protected leave in a 12-month period, or up to 26 workweeks for military caregiver leave.
- Group health coverage continues on the same terms during leave.
- Covered employers must display the FMLA poster and include the FMLA notice in any handbook.
Is your business covered?
- Private employers with 50 or more employees in 20 or more workweeks in the current or previous calendar year. [US DOL] (opens in a new tab)
- Public agencies (federal, state and local), regardless of size.
- Public and private elementary and secondary schools, regardless of size.
Is the employee eligible?
| Test | Requirement |
|---|---|
| Time with you | At least 12 months working for you |
| Hours | At least 1,250 hours in the 12 months before leave starts |
| Location | Works at a site where you have 50 or more employees within 75 miles |
Source: [US DOL] (opens in a new tab) [US DOL Fact Sheet 28] (opens in a new tab)
How much leave, and why
Up to 12 workweeks in a 12-month period for: [US DOL] (opens in a new tab)
- The birth of a child and caring for the newborn within one year of birth
- Adoption or foster placement and caring for the child within one year
- Caring for a spouse, child or parent with a serious health condition
- The employee's own serious health condition that makes them unable to do their job
- Qualifying exigencies when a spouse, child or parent is on covered active duty
Up to 26 workweeks in a single 12-month period to care for a covered servicemember with a serious injury or illness, if the employee is the servicemember's spouse, child, parent or next of kin. [US DOL] (opens in a new tab)
What you must provide
- Job protection: on return, the same job or an equivalent one with the same pay, benefits and other terms. [US DOL Fact Sheet 28] (opens in a new tab)
- Health coverage: group health coverage continues on the same terms as if the employee had not taken leave. [US DOL] (opens in a new tab)
- Pay: FMLA leave is unpaid. Employees may choose, or you may require them, to use accrued paid leave at the same time. [US DOL FMLA FAQ] (opens in a new tab)
- Notices: post the FMLA poster and include the general notice in your handbook. If you have no handbook, give each new employee a copy when hired. [US DOL FMLA FAQ] (opens in a new tab)
Notice from the employee
When the need for leave is foreseeable, employees must give 30 days' advance notice. If that isn't possible, they must give notice as soon as practicable. [US DOL FMLA FAQ] (opens in a new tab) Leave can be taken all at once, or intermittently when medically necessary. [US DOL Fact Sheet 28] (opens in a new tab)
State leave laws
Many states have their own family or medical leave laws, and some cover smaller employers or provide paid leave. The DOL says state laws may provide additional or greater protections. [US DOL] (opens in a new tab) Check your state on our 50-state employment law hub. To plan around leave, see our PTO policy guide.
Common mistakes
- Assuming you're too small without counting employees across the last two calendar years.
- Forgetting the 50-employees-within-75-miles test when a worker is at a small site.
- Stopping health coverage during FMLA leave.
- Not giving the employee the same or an equivalent job on return.
- Missing the poster and handbook notice requirement.
Related free tools
Official sources
- US DOL: Family and Medical Leave Act (opens in a new tab)
- US DOL Fact Sheet #28: The FMLA (rev. March 2025) (opens in a new tab)
- US DOL: FMLA frequently asked questions (opens in a new tab)
- US DOL: FMLA Employee Guide (opens in a new tab)
Checked . If a source has changed since then, the official source wins.
Frequently asked questions
Does FMLA apply to my small business?
Private employers are covered if they have 50 or more employees in 20 or more workweeks in the current or previous calendar year. State leave laws may cover smaller employers.
Who is eligible for FMLA leave?
Employees who have worked for a covered employer for at least 12 months, worked at least 1,250 hours in the 12 months before leave, and work at a site with 50 or more employees within 75 miles.
Is FMLA leave paid?
No. The FMLA only requires unpaid leave, but employees may choose, or be required, to use accrued paid leave at the same time.
How much leave can an employee take?
Up to 12 workweeks in a 12-month period for qualifying reasons, or up to 26 workweeks in a single 12-month period for military caregiver leave.
How much notice must an employee give?
30 days when the need is foreseeable; otherwise, as soon as practicable.
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