Many employees worry about job security when facing serious medical conditions, welcoming a new child, or caring for a family member with health issues.

Fortunately, employee rights under FMLA (Family and Medical Leave Act) provide protections that allow eligible workers to take necessary leave without losing their job or health insurance benefits.

Despite its importance, many employees remain unaware of their full rights under FMLA. This guide breaks down who qualifies, what protections are offered, how to request leave, and what to do if rights are violated.

Facts and state-specific benefits are also included to provide a complete picture of FMLA protections.

What Is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) was signed into law in 1993 to protect employees who need extended leave for medical or family-related reasons.

The law allows eligible workers to take up to 12 weeks of unpaid leave while keeping their job and maintaining health insurance coverage.

The Fight for FMLA Took Nearly a Decade

Before becoming law in 1993, FMLA faced nearly nine years of legislative battles and was vetoed twice by previous administrations.

Today, it remains one of the most widely used labor protections in the United States, assisting millions of employees annually.

Federal vs. State FMLA Laws

While FMLA is a federal law, some states provide additional benefits beyond federal requirements.

For example, California and New York offer paid leave options, extending protections beyond what FMLA mandates.

Workers should review state labor laws to determine whether additional benefits apply.

Who Qualifies for FMLA Leave?

Not all employees are automatically covered under FMLA. Three main criteria must be met:

1. Employment Duration – Employment with the company must have lasted at least 12 months (not necessarily consecutive).

2. Hours Worked Requirement – At least 1,250 hours must have been worked in the past 12 months.

3. Employer Size – The employer must have 50 or more employees within a 75-mile radius.

Special Cases and Exceptions

• Remote Workers: Employees working remotely but reporting to a qualifying worksite with 50+ employees may still be eligible for FMLA leave.

• Small Business Employees: Companies with fewer than 50 employees are not required to provide FMLA leave. However, some states have separate laws that offer similar protections.

• Public Sector Employees: Government employees, including school teachers, are always covered under FMLA, regardless of employer size.

What Situations Qualify for FMLA Leave?

FMLA covers more than just medical leave for personal health conditions. Qualifying reasons include:

1. Personal Medical Leave

Employees who are unable to work due to a serious health condition may qualify for FMLA. Covered conditions include:

• Chronic illnesses such as asthma, epilepsy, or diabetes

• Major surgeries or hospitalizations

• Mental health conditions that require treatment, such as severe depression or anxiety

2. Caring for a Family Member

Time off is allowed for those caring for an immediate family member (spouse, child, or parent) with a serious health issue.

3. Parental Leave

Employees can take up to 12 weeks of leave following the birth, adoption, or foster placement of a child.

4. Military Family Leave

• Military Caregiver Leave allows up to 26 weeks of leave to care for a covered service member with a serious injury or illness.

• Qualifying Exigency Leave allows time off for urgent matters related to a family member’s military deployment.

What Are Employee Rights Under FMLA?

Concerns about job security often prevent employees from requesting FMLA leave, but the law includes strong protections for those who qualify.

1. Job Protection

Employees must be reinstated to the same or an equivalent job upon returning from FMLA leave.

2. Health Insurance Continuation

Employers must maintain group health insurance benefits under the same conditions as before the leave.

3. Protection Against Retaliation

Employers cannot fire, demote, or punish an employee for taking FMLA leave. If retaliation occurs, legal action may be taken.

How to Request FMLA Leave

1. Notify the Employer

Employees should provide at least 30 days’ notice if the leave is foreseeable. For unexpected situations, notice should be given as soon as possible.

2. Provide Medical Certification

Employers may request medical documentation confirming the need for leave. This documentation must:

• Verify the serious health condition

• Provide an estimated length of leave

3. Employer Response Timeline

Employers must respond to FMLA leave requests within five business days and confirm whether the employee qualifies.

What to Do If FMLA Rights Are Violated

Employees who experience wrongful termination, retaliation, or denied leave can take legal action.

1. Document the Situation

All communication regarding FMLA leave should be documented in writing, including emails, doctor’s notes, and employer responses.

2. File a Complaint with the Department of Labor (DOL)

The DOL investigates FMLA violations and enforces compliance. Complaints can be submitted online or by phone.

3. Consult an Employment Attorney

If FMLA rights are violated, legal assistance may help employees seek reinstatement or compensation.

Conclusion

FMLA is a critical law that protects employees during major life events such as medical emergencies, family caregiving, or welcoming a new child.

Understanding these rights, following the proper procedures for requesting leave, and taking action when violations occur is essential for maintaining job security and benefits.

For those facing challenges with FMLA leave, consulting the U.S. Department of Labor or an employment attorney can help ensure that workplace rights are upheld.

If you need expert guidance on employee benefits or are dealing with an FMLA dispute, LegalFix is here to help.

Contact LegalFix today to see how we can help you succeed with employee benefits and ensure your rights are fully protected.