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                     Your Employee Rights  
Under the Family and  
Medical Leave Act
What is FMLA leave? You do not have to share a medical diagnosis but must provide enough information to your employer so they can determine whether the leave 
qualifies for FMLA protection. You must also inform your employer if 
The Family and Medical Leave Act (FMLA) is a federal law that provides FMLA leave was previously taken or approved for the same reason  
eligible employees with job-protected leave for qualifying family and when requesting additional leave. 
medical reasons. The U.S. Department of Labor’s Wage and Hour Division 
(WHD) enforces the FMLA for most employees. Your employer may request certification from a health care provider 
to verify medical leave and may request certification of a qualifying 
Eligible employees can take up to 12 workweeks of FMLA leave  exigency. 
in a 12-month period for:
   • The birth, adoption or foster placement of a child with you, The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining 
   • Your serious mental or physical health condition that makes you agreement that provides greater family or medical leave rights. 
unable to work,
   • To care for your spouse, child or parent with a serious mental or State employees may be subject to certain limitations in pursuit of direct 
physical health condition, and lawsuits regarding leave for their own serious health conditions. Most federal and certain congressional employees are also covered by the 
   • Certain qualifying reasons related to the foreign deployment of your law but are subject to the jurisdiction of the U.S. Office of Personnel 
spouse, child or parent who is a military servicemember. Management or Congress.
An eligible employee who is the spouse, child, parent or next of kin of a 
covered servicemember with a serious injury or illness may take up to 
26 workweeks of FMLA leave in a single 12-month period to care for the What does my 
servicemember. 
You have the right to use FMLA leave in one block of time. When it is employer need to do?
medically necessary or otherwise permitted, you may take FMLA leave 
intermittently in separate blocks of time, or on a reduced schedule by If you are eligible for FMLA leave, your employer must:
working less hours each day or week. Read Fact Sheet #28M(c) for more    • Allow you to take job-protected time off work for a qualifying reason,
information.
   • Continue your group health plan coverage while you are on leave on 
FMLA leave is not paid leave, but you may choose, or be required by your the same basis as if you had not taken leave, and
employer, to use any employer-provided paid leave if your employer’s    • Allow you to return to the same job, or a virtually identical job with 
paid leave policy covers the reason for which you need FMLA leave. the same pay, benefits and other working conditions, including shift 
and location, at the end of your leave.
Am I eligible to take    Your employer cannot interfere with your FMLA rights or threaten or punish you for exercising your rights under the law. For example, your 
FMLA leave? employer cannot retaliate against you for requesting FMLA leave or cooperating with a WHD investigation.
You are an eligible employee if all of the following apply: After becoming aware that your need for leave is for a reason that may 
qualify under the FMLA, your employer must confirm whether you are 
   • You work for a covered employer, eligible or not eligible for FMLA leave. If your employer determines that 
   • You have worked for your employer at least 12 months, you are eligible, your employer must notify you in writing:
   • You have at least 1,250 hours of service for your employer during     • About your FMLA rights and responsibilities, and
the 12 months before your leave, and    • How much of your requested leave, if any, will be FMLA-protected 
   • Your employer has at least 50 employees within 75 miles  leave. 
of your work location.
Airline flight crew employees have different “hours of service” 
requirements. Where can I find more 
You work for a covered employer if one of the following applies:
   • You work for a private employer that had at least 50 employees during information?
at least 20 workweeks in the current or previous calendar year, Call 1-866-487-9243 or visit dol.gov/fmla to learn more. 
   • You work for an elementary or public or private secondary school, or If you believe your rights under the FMLA have been violated, you may 
   • You work for a public agency, such as a local, state or federal file a complaint with WHD or file a private lawsuit against your employer 
government agency. Most federal employees are covered by Title II in court. Scan the QR code to learn about our WHD complaint process.
of the FMLA, administered by the Office of Personnel Management.
How do I request                      scan me
FMLA leave?
Generally, to request FMLA leave you must:
   • Follow your employer’s normal policies for requesting leave, 
   • Give notice at least 30 days before your need for FMLA leave, or WAGE AND HOUR DIVISION
   • If advance notice is not possible, give notice as soon as possible. UNITED STATES DEPARTMENT OF LABOR
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