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The Family and Medical Leave Act

Authored By: U.S. Department of Labor
Contents
Information U.S. Department of Labor - Fact Sheet 28: The Family and Medical Leave Act Overview, News, Facts Sheets, Forms, & Regulations Report a violation of the FMLA

Information

The Family and Medical Leave Act

What it Means to You

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. The policies listed below are the general policies that apply to most workers. Slightly different policies may apply to servicemen, servicewomen, and airline workers.


If you think you might be eligible for FMLA leave or that your FMLA rights have been abused, contact an attorney to see how the law applies to your individual situation. If you cannot afford an attorney, you might be eligible to chat with an attorney for free at TexasLawHelp.org Monday - Friday from 10 am - 3pm.


Covered Employers

The FMLA only applies to employers that meet certain criteria. A covered employer is a:

  • Private-sector employer, with 50 or more employees during at least 20 work weeks in the current or previous calendar year
  • Public agency. This includes local, state, or Federal government agencies, regardless of its number of employees
  • Public or private elementary or secondary school, regardless of its number of employees

Eligible Employees

Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:

  • Works for a covered employer;
  • Has worked for the employer for at least 12 months;
  • Has at least 1,250 hours of service for the employer during the 12 month period immediately preceeding the leave*; and
  • Works at a location where the employer has at least 50 employees within 75 miles.

Leave Entitlement

Eligible employees may take up to 12 work weeks of leave in a 12 month period for one or more of the following reasons:

  • The birth of a child, adoption of a child or placement of a child with the employee for foster care;
  • To care for a spouse, son, daughter, or parent who has a serious health condition;
  • For a serious health condition that makes the employee unable to perform the essential functions of his or her jobb; or
  • For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status

 

Click the links below for more information.

U.S. Department of Labor - Fact Sheet 28: The Family and Medical Leave Act

Overview, News, Facts Sheets, Forms, & Regulations: www.dol.gov

Report a violation of the FMLA: www.dol.gov