Family Medical Leave Act

The Family Medical Leave Act (FMLA) is a federal law that requires covered employers to provide employees job-protected, unpaid leave for personal or family illness, family military leave, pregnancy, adoption or foster care placement.  This leave offers up to 12 weeks of leave during any 12 month period or up to 26 weeks for family military leave.  Leave does not have to be taken in consecutive days.

In addition to time off, employers must continue to provide group health insurance benefits, including paying premiums; restore employee to the same position upon return to work, or to a comparable position if the original position is unavailable; and reinstate all employee benefits. 

To be eligible, employees must have worked for a covered employer for at least 12 months, worked at least 1250 hours in the last 12 months, and work at a location where more than 50 employees within 75 miles.  FMLA covers public and private sector employees, although some job categories are excluded, such as elected officials.  In 2012, 59% of American workers (90 million people) were covered and eligible to take FMLA.

16% of workers (14 million people) take FMLA each year.  56% of these workers are women. 

57% took leave for their own illness; 22% took leave for a new child; 19% for illness of a parent, spouse or child. 

40% returned to work after 10 days of leave or less.  Over 70% returned to work within 40 days.  The length of leave was longest for women who invoked FMLA to care for a new child.  The average for these women was 58 days.

Only 66% received full or partial pay while on leave.  54% of people with family income below $62,500 receive no pay on leave, compared to 18% of higher income families. 

62% of people who received no pay on leave said finances were strained during their leave; 30% said making ends meet was very difficult.  48% used savings designated for this purpose; 37% used savings designated for another purpose; 36% delayed paying bills; 30% borrowed money; and 15% went on public assistance.

5% of workers needed to take leave but couldn’t afford it.  This is twice as many people as in 2000.  Lack of pay was the reason for 46%; 17% were afraid they’d lose their job.  Overwhelmingly, the people likely to need leave but not take it are unmarried women who aren’t white and who earn below $35,000/yr. 

Misuse of FMLA leave is very rare.  2.5% of covered employers reported suspecting employees of misuse, while only 1.6% reported confirmed misuse.