The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act lets workers take time away for the most important moments and hardest seasons of life without losing their jobs. Eligible employees can take up to 12 weeks of leave in a 12-month period — unpaid, but job-protected.

Not every worker or employer is covered. The law applies to employers with 50 or more employees within 75 miles, and you have to have worked there for at least 12 months and 1,250 hours in the prior year. If you qualify, FMLA leave covers a serious health condition (yours or a close family member’s), the birth or placement of a child, and certain military-family needs.

The “job-protected” part is what gives FMLA its power. When you return, your employer must give you your same job or an equivalent one, and your group health insurance continues during leave. Retaliating against you for taking FMLA leave is illegal.

FMLA sets the federal floor — many states have their own leave laws that are more generous, sometimes including paid leave. It’s worth checking your state’s rules alongside the federal baseline.