FMLA Basics
The federal Family and Medical Leave Act is the backbone of most leave cases. The essentials:
The federal Family and Medical Leave Act is the backbone of most leave cases. The essentials:
What it gives
- Up to 12 workweeks of unpaid, job-protected leave in a 12-month period (26 for military caregiver leave).
- Group health coverage continued on the same terms during leave.
- Restoration to the same or an equivalent position — pay, benefits, terms.
- Protection from retaliation for using it.
Who is eligible
Three tests, all required: 12 months of employment with the employer, 1,250 hours worked in the 12 months before leave starts, and a worksite with 50+ employees within 75 miles. This is why Leave asks HR for hire dates and hours — the math is real.
The two notices
Employers owe an eligibility notice within 5 business days of the request, and a designation notice within 5 business days of having enough information to decide. Employees typically get 15 calendar days to return a medical certification, with a 7-day chance to cure an incomplete one. Leave generates all of these and tracks the clocks.
What FMLA is not
It isn’t pay (that’s state programs or employer policy running concurrently), it isn’t unlimited (the 12-week clock is measured against the employer’s chosen 12-month window), and it isn’t the only law in play — state programs and the ADA layer on top.
Summary only — verify with counsel. This article describes the rules Humareso Leave automates. It is not legal advice.