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The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA)

OVERVIEW

* The Family and Medical Leave Act was amended on January 28, 2008. Please visit Wage and Hour's Web page for additional information.

The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

Application of the FMLA can also be impacted by the Uniformed Services Employment and Reemployment Rights Act (USERRA), Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), the Americans with Disabilities Act of 1990 (ADA), or the Health Insurance Portability and Accountability Act (HIPAA). See "Related Topics and Links" below.

COMPLIANCE ASSISTANCE MATERIALS

BASIC INFORMATION

FACT SHEETS

E-TOOLS

  • elaws Family and Medical Leave Act (FMLA) Advisor - This interactive e-tool provides information about employee eligibility under the law including valid reasons for leave, employee/employer notification responsibilities, and employee rights and benefits.

POSTERS

RECORDKEEPING

APPLICABLE LAWS AND REGULATIONS

  • The Family and Medical Leave Act (FMLA) - Provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
  • January 28, 2008 Amendments to FMLA (Section 585 of the National Defense Authorization Act for FY 2008) - Among other things, amends FMLA to permit a “spouse, son, daughter, parent, or next of kin” to take up to 26 workweeks of leave to care for a “member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness."

RELATED TOPICS AND LINKS

DOL CONTACTS*

  • Wage and Hour Division 
    200 Constitution Avenue, NW
    Room S-3502 
    Washington, DC 20210 
    Contact WHD 
    Tel: 1-866-4USWAGE (1-866-487-9243) 
    TTY: 1-877-889-5627
    Local Offices
  • For questions on other DOL laws, 
    please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL (1-866-487-2365). Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service. 
    Tel: 1-866-4-USA-DOL (1-866-487-2365) 
    TTY: 1-877-889-5627

*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.

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