Family and Medical Leave Act (FMLA)

Definition

FMLA (1993) gives eligible employees up to 12 weeks of unpaid, job-protected leave per 12-month period for: birth or adoption of a child, serious health condition of the employee or immediate family member, or qualifying military exigency. Up to 26 weeks for military caregiver leave.

Eligibility: employer must have 50+ employees within 75 miles, employee must have worked 12+ months and 1,250+ hours in the prior 12 months. Below the 50-employee threshold, FMLA doesn't apply at the federal level (though many state programs apply at lower thresholds).

PEOs administer FMLA for the co-employed workforce — tracking eligibility, processing leave requests, coordinating with state PFML programs where applicable, and managing the job-restoration process. This is one of the most error-prone HR processes for small businesses doing it standalone.

Common questions about Family and Medical Leave Act (FMLA)

Related terms

• Affordable Care Act (ACA) — The 2010 federal health reform law that established the employer mandate, exchanges, and various coverage requirements.
• Paid family and medical leave — State-administered programs that provide partial wage replacement during family or medical leave — separate from federal FMLA.
• COBRA — A federal law giving employees the option to continue group health coverage at their own cost after employment ends.

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