1. How much leave can employees take under FMLA?
   Most eligible employees can take up to 12 weeks of leave during a 12-month period. Under a 2008 amendment, eligible employees can take up to 26 weeks of leave during a 12-month period if they need to care for an injured or ill family member employed by the Armed Forces.
   
   
2. Does FMLA guarantee paid time off?
   No. FMLA only requires covered companies to provide unpaid time off. However, the law allows employees to use accrued paid leave – such as vacation or sick leave – for some or all of the time off for FMLA leave.
   
   
3. Can my employer refuse to grant me FMLA leave?
   No, not if you are an eligible employee who has met FMLA’s notice and certification requirements and if you have not exhausted your FMLA leave entitlement for the year.
   
   
4. Can I lose my job if I take FMLA leave?
   Usually, no. According to the U.S. Department of Justice: “It is unlawful for any employer to interfere with or restrain or deny the exercise of any right provided under this law. Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under ‘no fault’ attendance policies. Under limited circumstances, an employer may deny reinstatement to work - but not the use of FMLA leave - to certain highly-paid, key employees.” ¹
   
   
5. Are there circumstances when my employer can deny me FMLA leave or reinstatement to my job?
   Yes:
   
   
   • Sometimes certain highly paid, key employees do not have to be reinstated to their previous jobs.
   • If while an employee is on FMLA leave they would have been laid off or otherwise had their employment ended, their FMLA leave can be terminated and they will not be reinstated to their job.
   • Employees who provide notice that they do not intend to return to work will lose their entitlement to FMLA leave.
   • Employees who take leave beyond the 12 weeks in a 12-month period lose FMLA protection of their job reinstatement.
   • In some circumstances, employers who advise employees with  serious health conditions that they must produce a medical certificate of fitness before returning to work may deny reinstatement to an employee who fails to provide the certification, or may delay reinstatement until the certification is submitted.
   
   
6. Can I get fired for complaining about a violation of FMLA?
   No. Nor can the employer take any other adverse employment action on this basis. It is unlawful for any employer to discharge or otherwise discriminate against an employee for opposing a practice made unlawful under FMLA.
   
   
7. Which employees are eligible to take leave through FMLA?
   Employees are eligible for FMLA leave if they have worked for their employer at least 12 months, have worked at least 1,250 hours in the previous 12 months, and work at a location where at least 50 employees are employed by the company within 75 miles. (Most university and college employees are considered eligible employees under this definition).
   
   
8. Do the 12 months of employment have to be continuous or consecutive?
   No. Any time worked for the employer is counted as long as one has worked at least 1,250 hours for the employer in the previous 12 months.
   
   
9. Do the 1,250 hours include paid time off or other absences from work?
   No. The 1,250 hours only include those hours actually worked for the employer. Paid and unpaid leave, including FMLA leave, are not included.
   
   
10. Who is considered an immediate family member for purposes of taking FMLA leave?
    Immediate family members are the employee’s spouse, children, and parents. This does not include parents-in-law or children over the age of 18 unless they are “incapable of self-care” because of mental or physical disabilities. When taking time off to care for an injured or ill member of the Armed Forces, an employee may also be the “next of kin” to the person in need of care (Public Law [110-181]).
    
    
11. What serious health problems qualify under FMLA?
    A serious health problem includes illnesses, injuries, impairments, or physical or mental conditions that include one of the following: pregnancy or parental care, inpatient care, chronic conditions requiring treatments, permanent long-term conditions requiring treatment, and multiple treatments of non-chronic conditions.
    
    
12. Do I have to provide my employer with my medical records for leave due to a serious health condition?
    No. You are not required to provide medical records. However, the employer may request that you provide a medical certificate confirming that a serious health condition exists if you take extended leave because of the condition.
    
    
13. What notice do I have to give my employer about my need for FMLA leave?
    
    
    • An employee must tell the employer at least 30 days before taking FMLA leave if the leave is foreseeable, such as an expected birth, placement for adoption or foster care, or a planned medical procedure or treatment for a serious health condition of the employee or family member.
    • If it is not possible to give 30 days notice, then an employee must give notice as soon as it is possible and practical, meaning within one or two business days of when the need for leave becomes known to the employee.
    • Whenever an employee is able to give notice of needing to take FMLA leave, she or he must follow the employer’s notification policy and at the very least must provide one verbal notice informing the employer of the need for the leave, the anticipated timeframe, and expected duration.
    
    
14. Can my employer inquire about my leave while I am taking it?
    Yes, your employer may ask you questions to confirm that the leave you take qualifies under FMLA and may require periodic updates on your status and whether you intend to return to work after the leave. If the employer wants to obtain another opinion, you may be required to obtain additional medical certification at the employer’s expense. Also, the employer may have a health care provider representing the employer contact your health care provider, with your permission, to clarify information in the medical certification to confirm that it was provided by a the health care provider. They cannot seek additional information regarding your health or the health of a family member.
    
    
15. What is required of my employer when I take FMLA leave?
    An employer must:
    
    
    • maintain the employee's health coverage under any group health plan for the duration of their leave,
    • generally restore the employees to their original or equivalent position with equivalent pay, benefits, and other employment terms upon their return, and
    • not take away employees’ benefits accrued prior to the start of their leave.

Return to the Family and Medical Leave Act Resource Page

¹ “Family and Medical Leave Act Advisor.” U.S. Department of Labor, n.d., http://www.dol.gov/elaws/esa/fmla/faq.asp (13 March 2008).